2311634 (Refugee)

The applicant, a citizen of Fiji, sought review of a decision to refuse their protection visa application. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the 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. Specifically, the Tribunal had to determine if the application was received by the Tribunal within 28 days of the applicant being notified of the visa refusal decision.

The Tribunal found that the application for review was received on 5 August 2023, which was more than 28 days after the applicant was notified of the refusal decision. Consequently, the Tribunal concluded that the application was not made in accordance with the relevant legislative requirements.

As a result, the Tribunal determined that it lacked jurisdiction to consider the merits of the applicant's case and made no order in relation to the protection visa application itself.