2309837 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The application for review was lodged with the Administrative Appeals Tribunal (AAT) on 5 July 2023.

The central legal issue before the AAT was whether it had jurisdiction to consider the application for review, given that it was lodged outside the prescribed time limits.

The Member of the AAT, Roslyn Smidt, determined that the application for review was not made in accordance with the relevant legislative provisions because it was received by the Tribunal after the statutory deadline. Consequently, the AAT lacked jurisdiction to hear the matter.

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