2313212 (Refugee)

The applicant sought review of a decision to refuse their application for a protection visa. The Administrative Appeals Tribunal (AAT) was considering 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 within 28 days of the notification of the refusal decision.

The Tribunal found that the application for review was received on 29 August 2023, which was more than 28 days after the applicant was notified of the refusal decision. As a result, the application was not made in accordance with the legislative requirements. The Tribunal therefore concluded that it lacked jurisdiction to consider the merits of the application.

The Tribunal ordered that it does not have jurisdiction in this matter.