2318091 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the application for review, which was lodged outside the prescribed time limit.

The central legal issue before the Tribunal was whether it possessed jurisdiction to consider an application for review that was made out of time. This required an examination of the legislative framework governing the lodgement of review applications and the Tribunal's powers in relation to such time limits.

The Tribunal determined that the application for review was not received until 8 November 2023, which was beyond the statutory timeframe for making such an application. Applying the relevant legislative provisions, the Tribunal concluded that because the application was not made in accordance with the legislation, it lacked jurisdiction to proceed with the review. Consequently, the Tribunal held that it did not have jurisdiction in this matter.