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

The Administrative Appeals Tribunal (AAT) considered an application by Nansen for review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to revoke the mandatory cancellation of his visa.

The central legal issue before the Tribunal was whether it had jurisdiction to consider Nansen's application for review, given that it was lodged outside the time limit prescribed by section 500(6B) of the *Migration Act 1958* (Cth). The Tribunal was required to determine if it possessed the power to extend this time limit or if the application was consequently not reviewable.

The Tribunal 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 Nansen's application was filed after the nine-day period stipulated in section 500(6B) of the *Migration Act*, the Tribunal concluded that it lacked jurisdiction to review the Minister's delegate's decision. Consequently, the application was dismissed.