Lim and Secretary, Department of Education

This matter concerned an application by Mr Lim to the Administrative Appeals Tribunal (AAT) for an extension of time to lodge an application for review of a decision made by Flinders University. The original decision, made on 16 January 2023, was not to recredit Mr Lim's HELP balance for assistance received for units of study. Flinders affirmed this decision on 24 February 2023, and Mr Lim was advised of his right to seek review in the AAT within 28 days, meaning the deadline was 24 March 2023. Mr Lim's application for an extension of time was lodged on 6 January 2024, approximately 10 months after the expiry of the prescribed time limit.

The central legal issue before the Tribunal was whether to exercise its discretion under subsection 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth) to extend the time for Mr Lim to lodge his application for review. This required the Tribunal to be satisfied that it was reasonable in all the circumstances to grant the extension. The respondent, the Secretary of the Department of Education, opposed the application, primarily on the grounds of the significant length of the delay and the lack of an adequate explanation provided by Mr Lim.

The Tribunal considered the facts, including Mr Lim's interactions with Flinders University Student Association (FUSA) and Flinders itself regarding internal review processes and the AAT application. Despite Mr Lim's inquiries and a formal complaint lodged with Flinders in November 2023, the Tribunal found that no adequate explanation had been provided for the substantial delay in lodging the AAT application. The Tribunal noted that FUSA had advised Mr Lim on 20 April 2023 that the time limit had expired and that they were unaware of AAT processes, suggesting he contact the AAT directly. Given the considerable delay and the absence of a compelling reason to exercise its discretion, the Tribunal refused the application for an extension of time.