2421655 (Refugee)

The applicant sought review of a decision concerning a protection visa. The core of the dispute was whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the applicant's review application, which was lodged after the statutory time limit had expired. The decision was made by Adrienne Anderson, a Member of the AAT.

The primary legal issue before the Tribunal was whether it possessed any discretion to extend the time period for lodging a valid application for review. This question arose because the applicant's review application was received by the Tribunal on 7 July 2024, which was beyond the prescribed timeframe for making such an application.

The Tribunal determined that it did not have the power to extend the time for lodging a review application. Applying the relevant legislative provisions, the Tribunal concluded that as the application for review was not received within the statutory period, it was not made in accordance with the legislation. Consequently, the Tribunal found that it lacked jurisdiction to consider the merits of the applicant's case.

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