Arshad v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs

The applicant, Arshad, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Minister's delegate's decision to cancel his student visa. The cancellation was based on Arshad's alleged non-compliance with Condition 8202 of his visa.

The central legal issue before the court was whether the AAT had jurisdiction to consider Arshad's application for a merits review. This question arose because Arshad lodged his application with the AAT 17 working days after the prescribed statutory time limit, despite being advised he had seven working days to do so.

Dowdy J determined that the AAT lacked jurisdiction to review Arshad's application. This conclusion was based on the strict time limits stipulated by s.347(1)(b) of the *Migration Act 1958* (Cth) and reg.4.10 of the *Migration Regulations 1994* (Cth). The court found that the applicant's failure to lodge his application within the specified period meant the AAT could not validly exercise its review powers.

Consequently, the application for judicial review was dismissed.