GFV18 v Minister for Home Affairs

The applicant, GFV18, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning an application to extend the time for filing a review application under section 477 of the *Migration Act 1958* (Cth). The AAT had granted an extension of time, but the applicant contended that the Tribunal had nonetheless failed to comply with its statutory obligations, alleging jurisdictional error. The matter came before Judge Street of the Federal Court of Australia.

The central legal issues before the Court were whether the applicant had established a sufficiently arguable case of jurisdictional error on the part of the AAT, and whether the Tribunal had complied with its statutory obligations in considering the application for an extension of time. The applicant's argument hinged on the assertion that the Tribunal's decision-making process contained a jurisdictional error, despite the fact that the Tribunal had ultimately granted the extension of time.

Judge Street found that no jurisdictional error had been made out. The Court reasoned that the applicant had not demonstrated that the Tribunal had failed to exercise its jurisdiction or had acted outside its jurisdiction. The applicant's grounds for alleging jurisdictional error were not sufficiently arguable, and the Court was satisfied that the Tribunal had complied with its statutory obligations in considering the application for an extension of time. Consequently, the application for judicial review was dismissed.