2411479 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a protection visa made by an applicant from Vanuatu. The central dispute concerned whether the AAT had jurisdiction to hear the application, as it was lodged outside the statutory time limit.

The primary legal issue before the Tribunal was whether the application for review had been made within the time prescribed by the relevant legislation. Specifically, the Tribunal had to determine if the applicant's failure to lodge the application within 28 days of notification of the refusal decision deprived the Tribunal of jurisdiction.

The Tribunal found that the application for review was received on 10 May 2024, which was more than 28 days after the applicant was notified of the refusal decision. Applying the legislative requirements, the Tribunal concluded that the application was not made in accordance with the relevant provisions. Consequently, 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.