2311298 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Administrative Appeals Tribunal (AAT). The dispute concerned the timeliness of the applicant's application for review, which the AAT determined was lodged out of time.

The primary legal issue before the AAT was whether it possessed the jurisdiction to consider the applicant's review application, given that it was received after the statutory deadline for lodgement. This required the AAT to consider its power to extend time for making such applications.

The AAT Member, Rachel Da Costa, concluded that the relevant legislation did not grant the Tribunal a discretion to extend the timeframe for lodging an application for review. As the application was received on 31 July 2023, which was beyond the prescribed period, the AAT found that the application had not been made in accordance with the legislation. Consequently, the AAT determined that it lacked jurisdiction to hear the matter.

The Tribunal made no orders other than to state that it did not have jurisdiction in this matter.