1827709 (Refugee)

This matter concerned an applicant for a Protection (Class XA) (Subclass 866) visa. The applicant sought a review of a decision made by the Administrative Appeals Tribunal (AAT). The core dispute revolved around the Tribunal's jurisdiction to hear the applicant's second application for review, which was lodged significantly outside the prescribed time limit following a defective notification of the initial refusal decision.

The primary legal issues before the Tribunal were whether it possessed the power to revoke its earlier decision, which had found it lacked jurisdiction due to the applicant not applying for review within the prescribed time, and whether it should exercise that power to reconsider the matter. A further issue was whether the second application for review was lodged within the statutory timeframes, thereby conferring jurisdiction.

The Tribunal determined that the second application for review was lodged outside the prescribed period, meaning it lacked jurisdiction in relation to that application. However, the Tribunal found it had the power to revoke its earlier decision, drawing on principles established in *Mora (Migration) [2016] AATA 4198* and *Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11*. This power, it held, could be exercised to correct obvious errors, such as administrative oversights. The Tribunal concluded that it was appropriate and wise to revoke its first decision, which had found a lack of jurisdiction, and to reopen that matter, thereby substituting it with a decision that the Tribunal had jurisdiction to conduct a review.