2413908 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute centred on whether the Administrative Appeals Tribunal had jurisdiction to hear the applicant's second application for review, which was lodged after the statutory time limit had expired. The decision was made by Member Paul Windsor of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's second application for review was made in accordance with the relevant legislative requirements, specifically concerning the timeliness of its lodgement. This question determined whether the Tribunal possessed the necessary jurisdiction to consider the merits of the application.

Member Paul Windsor reasoned that the second application for review was received by the Tribunal on 28 May 2024. As this date fell outside the period prescribed by the relevant legislation for making such an application, the Tribunal concluded that it lacked jurisdiction in the matter.

Consequently, the Tribunal ordered that it did not have jurisdiction to hear the applicant's case.