2407338 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa for an applicant from Thailand. The central dispute revolved around whether the AAT possessed jurisdiction to hear the review application, as it had been lodged outside the prescribed time limits.

The primary legal issue before the Tribunal was whether it had the power to consider the merits of the protection visa application, given that the application for review was not received by the Tribunal within the statutory timeframe. This question of jurisdiction was determinative of whether the Tribunal could proceed to examine the applicant's claims for protection.

The Tribunal determined that it lacked jurisdiction because the application for review was not made in accordance with the relevant legislative requirements. Specifically, the application was received by the Tribunal on 7 April 2024, which was after the expiry of the time within which such an application could be validly lodged. Consequently, the Tribunal was unable to entertain the substance of the applicant's case.

The Tribunal ordered that it did not have jurisdiction in this matter.