Manage v Minister for Immigration

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse a Subclass 573 Student (Temporary) Visa. The applicant sought to challenge the delegate's decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 573.211 of the Regulations, which stipulated that an application for a student visa must be lodged no more than 28 days after notification of a decision to set aside a previous visa cancellation. The Tribunal also considered whether it possessed any discretion in the matter.

The Tribunal reasoned that the applicant's previous student visa was cancelled on 18 June 2012, and after a series of appeals and remissions, a decision was made on 1 February 2016 to set aside that cancellation. The applicant was notified of this decision on the same day, meaning the 28-day period for lodging a new application commenced then. The applicant lodged their new visa application on 9 March 2016, which was beyond the 28-day timeframe. The Tribunal found that this failure to meet an essential criterion meant the applicant did not satisfy clause 573.211 and that there was no discretion available to the Tribunal to grant the visa.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.