Corbett and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The applicant, Corbett, sought review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute centred on whether the applicant's application for review had been lodged within the prescribed time limits. The Administrative Appeals Tribunal (AAT) was required to determine if it had the jurisdiction to consider the applicant's review application, given that it was lodged after the statutory deadline.

The primary legal issue before the Tribunal was whether it possessed the discretion to extend the time for lodging the review application. This question turned on the interpretation and application of section 500(6B) of the *Migration Act 1958* (Cth). The applicant contended that he had previously submitted his application within the time limit via email, but the Tribunal found that the recipient email address for this purported in-time submission did not exist, meaning the Tribunal had never received it.

The Tribunal reasoned that section 500(6B) of the *Migration Act* expressly barred the Tribunal from considering any application for an extension of time in these circumstances. Consequently, the Tribunal concluded that it lacked the necessary jurisdiction to entertain the review application. As the application was lodged out of time and no extension could be granted, the Tribunal was compelled to dismiss the application for want of jurisdiction. The Tribunal therefore dismissed the application for review pursuant to section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth).