2309141 (Refugee)

The applicant sought review of a decision to refuse their application for a protection visa. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the application, given the timing of its lodgement.

The central legal issue before the Tribunal was whether the application for review had been made within the time prescribed by the relevant legislation. Specifically, the Tribunal had to determine if the application was lodged within 28 days of the notification of the visa refusal decision.

The Tribunal found that the application for review was received on 23 June 2023. As this date was more than 28 days after the applicant was notified of the refusal decision, the application was not made in accordance with the requirements of the legislation. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application.

The Tribunal made no order as to costs and determined that it did not have jurisdiction in this matter.