Finau and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal considered the case of Finau and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute arose from the mandatory cancellation of the Applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) due to having a substantial criminal record. The Applicant did not make representations seeking the revocation of this cancellation decision within the prescribed timeframe.

The Tribunal was required to determine whether it had jurisdiction to review the visa cancellation decision. Specifically, the core legal issue was whether the Applicant's application for review was validly made, given that he failed to lodge representations seeking revocation of the cancellation decision within the 28-day period stipulated by the Migration Regulations 1994.

The Tribunal reasoned that the Applicant was taken to have received the cancellation decision on 27 February 2020, as confirmed by his signed acknowledgment form. The cancellation notice clearly outlined the requirement to make representations for revocation within 28 days. The Tribunal found that there was no discretion under the Act or Regulations to extend this time limit for making representations. As the Applicant did not make representations within the required period, there was no "reviewable decision" for the Tribunal to consider. Consequently, the Tribunal lacked jurisdiction to proceed with the application.