Hanna v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In the matter of Hanna v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the applicant sought a review of a decision made under the Migration Act 1958 (Cth). The dispute centred on the timeliness of the applicant's application for review, which was required to be lodged within seven days of receiving notice of the decision. The case was heard by the Federal Circuit and Family Court of Australia.

The legal issues before the court were whether the applicant's application for review was lodged within the prescribed time period and if the fee waiver request was validly submitted. The court was required to determine if the Tribunal had jurisdiction to consider the application, given the procedural errors and delays in payment of the application fee.

The court found that the applicant's application for review was not valid as it was not accompanied by the prescribed fee within the required timeframe. The applicant had been notified on 18 May 2021 that a fee was required and was given until 21 May 2021 to pay it. The applicant made a fee reduction request on 21 May 2021, but their initial credit card payment was declined twice on that day. The applicant provided an alternative credit card number on 24 May 2021, after the prescribed period had ended. The Tribunal received the completed form for payment of the reduced fee on 25 May 2021, which was outside the seven-day period. Therefore, the court concluded that the application for review was not lodged within the required timeframe and the Tribunal did not have jurisdiction to consider it.

The court dismissed the application, affirming the Tribunal's decision that the applicant's application for review was invalid due to the failure to pay the required fee within the specified period. The court held that the applicant's actions did not satisfy the procedural requirements for a valid application for review.