2419854 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a protection visa. The applicant sought review of the refusal decision, but the application was lodged with the Tribunal after the statutory time limit had expired. The Tribunal also noted that no response was provided to an invitation to comment.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged outside the prescribed time period. This required the Tribunal to determine if the application had been made in accordance with the relevant legislative provisions governing the lodgement of review applications.

The Tribunal found that the application for review was received on 26 June 2024, which was more than 28 days after notification of the visa refusal. As the application was not made within the time stipulated by the relevant legislation, the Tribunal concluded that it lacked jurisdiction to consider the merits of the case. Consequently, the Tribunal made no orders in relation to the substantive application.