2317910 (Refugee)

The applicant, a citizen of Vanuatu, sought review of a decision to refuse their application for a protection visa. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the application, which was lodged more than 28 days after the applicant was notified of the visa refusal.

The primary legal issue before the Tribunal was whether the application for review had been made within the time prescribed by the relevant legislation, and if not, whether there were any grounds for the Tribunal to extend the time for making the application. The applicant contended that they completed the form without assistance and struggled to understand the requirements, suggesting a potential basis for an extension.

The Tribunal found that the application for review was received on 6 November 2023, which was outside the statutory time limit of 28 days from the notification of the refusal decision. The Tribunal determined that the applicant had not provided sufficient grounds to warrant an extension of time. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application.

The Tribunal made no orders as to costs and determined that it did not have jurisdiction in this matter.