2318190 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The application for review was lodged with the Tribunal two days after the prescribed 28-day period had expired. The applicant attributed the delay to the overwhelming and depressing nature of the process, which led to a miscalculation of the deadline.

The primary legal issue before the Tribunal was whether it had the jurisdiction to consider the application for review, given that it was lodged out of time. Specifically, the Tribunal had to determine if there was any discretion to waive or extend the prescribed period for lodging an application for review, or if compassionate or compelling circumstances could justify such an extension.

The Tribunal found that the relevant legislation prescribed a strict time limit for lodging an application for review, and that there was no provision within that legislation for the Tribunal to exercise discretion to waive or extend this period, even in circumstances of compassion or compelling reasons. As the application was not received within the statutory timeframe, the Tribunal concluded that it lacked the necessary jurisdiction to hear the matter.

Consequently, the Tribunal made no orders on the merits of the protection visa application, as it did not have jurisdiction to consider it.