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

This matter concerned an application by Mr Hoff for review of a decision by a delegate of the Minister not to revoke the mandatory cancellation of his visa. The application for review was lodged with the Administrative Appeals Tribunal (AAT) outside the prescribed time limit. The AAT, by Deputy President Boyle, considered whether it had jurisdiction to hear the application.

The primary legal issue before the AAT was whether it possessed jurisdiction to review the Minister's delegate's decision, given that the application for review had been filed out of time. This involved determining the effect of the time limits prescribed by section 500(6B) of the *Migration Act 1958* (Cth) and the power of the AAT to extend such time limits under the *Administrative Appeals Tribunal Act 1975* (Cth).

The AAT determined that it did not have jurisdiction to review the decision. Deputy President Boyle applied section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth), which permits the Tribunal to dismiss an application without review if it is satisfied that the decision is not reviewable. As the applicant failed to lodge his application within the nine-day period stipulated by section 500(6B) of the *Migration Act 1958* (Cth), and the AAT had no power to extend this time, the Tribunal concluded that the decision was not reviewable. Consequently, the application was dismissed.