Nenadovic and Secretary, Department of Education

[2024] AATA 522

Nenadovic and Secretary, Department of Education [2024] AATA 522 (21 March 2024)

Administrative Appeals Tribunal

ADMINISTRATIVE APPEALS TRIBUNAL	)
)	No: 2023/3629
GENERAL DIVISION	)

Re: Aleksandar Nenadovic
Applicant

And: Secretary, Department of Education
Respondent

DECISION

TRIBUNAL:             Member Ranson

DATE:   21 March 2024

PLACE:                  Brisbane

On 25 May 2023, the Applicant applied to this Tribunal for a review of a decision dated 27 April 2023 which affirmed a decision of the University of Queensland dated 4 April 2023 to refuse an Application for Removal of Course which, if granted, would have had the effect of re-crediting the Applicant’s HELP balance in relation to HECS-HELP assistance for a unit of study pursuant to paragraph 97-25(2)(d) of the Higher Education Support Act 2003 (Cth).

On 14 December 2023, the University of Queensland undertook a review of own motion of the original 4 April 2023 decision, setting aside its original decision in favour of the Applicant in accordance with section 209-5 of the Higher Education Support Act. The effect of this own motion review was to re-credit the Applicant’s HELP balance and remit his HECS-HELP debt for the unit of study. As noted by the Respondent in their submissions of 20 March 2024, the reviewable decision dated 27 April 2023 remains reviewable but is functionally meaningless.

Accordingly, the Tribunal is satisfied that the application for review of the decision dated 27 April 2023 has no reasonable prospects of success given the Applicant has now achieved the successful outcome which he sought by lodging the Application for Review.

The Tribunal pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act1975 (Cth) dismisses the application.

............................[SGD]...........................
Member Ranson