2320487 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a protection visa. The applicant sought review of the refusal decision made by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the application was lodged within the time prescribed by the relevant legislation.

The Tribunal found that the application for review was received on 14 December 2023. As this date was more than 28 days after the applicant was notified of the visa refusal decision, the application was not made in accordance with the requirements of the *Migration Act 1958* (Cth) and associated regulations. Consequently, the Tribunal lacked jurisdiction to consider the merits of the application.

The Tribunal therefore made no order in relation to the merits of the protection visa application, as it had no jurisdiction to do so.