1910374 (Migration)

The applicant sought review of a decision by the Minister to cancel their Refugee and Humanitarian (Class XB) visa, specifically a Subclass 202 (Global Special Humanitarian) visa. The dispute centred on whether the application for review was lodged within the prescribed period.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's review application, given that it was lodged one day outside the prescribed period. The Tribunal was required to determine if there was any discretion available to extend the lodgement period or if the strict timeframe was a jurisdictional bar.

The Tribunal Member, Linda Symons, found that the legislative framework governing the application for review did not confer any discretion to extend the prescribed period for lodgement. As the application was lodged one day outside this period, it was therefore not a valid application. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal made no orders as the application was deemed invalid from its inception.