2317299 (Refugee)

The applicant sought review of a decision by a delegate of the Minister for Home Affairs to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) considered the applicant's submission but ultimately found that it lacked jurisdiction to hear the application.

The central legal issue before the Tribunal was whether it possessed the discretion to accept an application for review that was lodged outside the time prescribed by the relevant legislation.

The Tribunal reasoned that the applicant's application for review was received on 26 October 2023, which was after the statutory deadline. The Tribunal concluded that it did not have the discretion to accept a late application for review in these circumstances. Consequently, the application for review was not made in accordance with the relevant legislation, and the Tribunal determined that it had no jurisdiction in the matter.