2422832 (Refugee)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a protection visa made by a citizen of Vietnam. The applicant lodged their application for review on 14 July 2024, which was more than 28 days after they were notified of the visa refusal. The Tribunal also noted that there was no response from the applicant 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 time prescribed by the relevant legislation. The Tribunal was required to determine if there was any power to extend the time limit for lodging such an application.

The Tribunal reasoned that the application for review was lodged outside the prescribed period provided for in the *Migration Act 1958* (Cth). It found that there was no ability or power under the Act to extend this time limit. Consequently, the Tribunal concluded 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.