2310597 (Refugee)

The applicant sought review of a decision concerning a protection visa in relation to Fiji. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the application for review.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation, and if not, whether the Tribunal possessed jurisdiction to consider the matter out of time.

The Tribunal found that the application for review was received on 18 July 2023. As this date was outside the statutory timeframe for lodging an application for review, the Tribunal concluded that the application had not been made in accordance with the relevant legislative requirements. Consequently, the Tribunal determined that it lacked jurisdiction to proceed with the review.

The Tribunal made no orders as it determined it had no jurisdiction in the matter.