Vu and Secretary, Department of Education

This matter concerned an application by Mr Vu to the Tribunal for review of a decision made by the Australian Catholic University (ACU). Mr Vu sought remission of his Higher Education Loan Program (HELP) debt and a refund of tuition fees for two units from which he had withdrawn after the census date. The ACU had initially refused his application, and subsequently refused his request for an extension of time to seek reconsideration of that refusal.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the ACU's decision to refuse Mr Vu an extension of time to request reconsideration of the original decision. This required the Tribunal to consider the provisions of the *Higher Education Support Act 2003* (Cth) (HESA), specifically sections relating to reviewable decisions and the time limits for requesting reconsideration. The Tribunal also had to determine whether the ACU's initial decision to refuse remission and refund was itself a reviewable decision.

The Tribunal reasoned that a decision by a higher education provider that section 36-20 of the HESA does not apply to a student is a reviewable decision under section 206-1 of the HESA. The ACU's letter of 13 May 2019, which informed Mr Vu that his application was unable to be approved due to insufficient documentation demonstrating special circumstances, constituted such a decision. Consequently, Mr Vu had a right to request reconsideration under section 209-10 of the HESA, which specifies a 28-day time limit for such requests, or a longer period as allowed by the reviewer. Mr Vu's request for reconsideration was made 11 days out of time. The Tribunal found that the ACU's decision not to grant an extension of time to request reconsideration was not a reviewable decision under the HESA.

Accordingly, the Tribunal dismissed Mr Vu's application, finding that it lacked jurisdiction to review the ACU's decision to refuse an extension of time.