2402679 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa. The applicant sought to have the AAT review a decision, but their application for review was lodged with the Tribunal after the statutory time limit had expired.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that it was filed out of time. The Tribunal was required to determine if the applicant had complied with the legislative requirements for lodging an application for review.

The Tribunal found that the application for review was received on 17 February 2024, which was beyond the prescribed time limit. As a consequence, the Tribunal concluded that the application had not been made in accordance with the relevant legislation. Applying this finding, the Tribunal determined that it lacked jurisdiction to consider the merits of the application.

The Tribunal therefore made no order other than to state that it did not have jurisdiction in this matter.