2408157 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application for review.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. Specifically, the Tribunal had to consider if the applicant's notification of the decision complied with statutory requirements and if the subsequent application for review was made within the permissible timeframe.

The Tribunal found that the application for review was not received until 14 April 2024. Applying the relevant legislative provisions, the Tribunal concluded that because the application was lodged out of time, it had not been made in accordance with the statutory requirements. Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the application. The Tribunal made no orders as it found it had no jurisdiction in the matter.