2316829 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a protection visa for a person from Samoa. The central dispute revolved around whether the Tribunal possessed jurisdiction to hear the application, given that it was lodged outside the prescribed time limits.

The primary legal issue before the Tribunal was whether it had the jurisdiction to consider the application for review, as the application was not received by the Tribunal within the timeframe stipulated by the relevant legislation.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 19 October 2023, which was after the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal therefore made no order on the merits of the protection visa application.