Dhanian v Minister for Home Affairs

The applicant, Dhanian, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which dismissed his application for review of a delegate's decision. The delegate had refused to grant the applicant a visa. The core of the dispute concerned whether the AAT had jurisdiction to consider the applicant's review application, which had been lodged after the prescribed time limit.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT possessed the necessary jurisdiction to entertain Dhanian's application for review, given that it was filed outside the statutory timeframe. This question turned on the interpretation of the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth) concerning the lodgement of applications for review.

Judge McNab reasoned that the AAT's jurisdiction to hear an application for review is contingent upon compliance with the time limits prescribed by the legislation, unless specific provisions allow for an extension of time. In this instance, the applicant had not sought an extension of time, nor had the AAT been presented with grounds that would ordinarily permit it to exercise such a discretion. Consequently, the Tribunal correctly concluded that it lacked jurisdiction to proceed with the review application. The court therefore dismissed the application for judicial review.