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

The Administrative Appeals Tribunal (AAT) considered an application by Mr Osmond seeking 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. Mr Osmond lodged his application for review outside the prescribed time limit.

The central legal issue before the Tribunal was whether it had jurisdiction to hear Mr Osmond's application, given that it was filed out of time. Specifically, the Tribunal had to determine if it could extend the time for lodging an application for review in these circumstances, or if the failure to comply with the time limit divested it of jurisdiction.

The Tribunal reasoned that section 500(6B) of the *Migration Act 1958* (Cth) prescribes a strict nine-day period within which an application for review of a non-revocation decision must be lodged. It further noted that section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) permits the Tribunal to dismiss an application if it is satisfied that the decision is not reviewable by the Tribunal. Applying these provisions, the Tribunal concluded that as Mr Osmond's application was filed outside the mandatory time limit, it lacked jurisdiction to review the decision. Consequently, the application was dismissed.