Whiteman and Minister for Foreign Affairs

This matter concerned an application by Mr Whiteman to the Administrative Appeals Tribunal (the Tribunal) for a review of a decision to cancel his Australian passport. The cancellation was understood to be based on a request from a "competent authority," likely related to a debt incurred for overseas financial assistance, as defined by section 16(4) of the *Passports Act*.

The central legal issue before the Tribunal was whether it possessed the jurisdiction to review the initial decision to cancel Mr Whiteman's passport. Specifically, the Tribunal had to determine if the conditions precedent for its review powers, as established by the *Passports Act* and the *Administrative Appeals Tribunal Act 1975*, had been met.

The Tribunal reasoned that its jurisdiction to review decisions under the *Passports Act* is contingent upon a prior review of the initial decision by the Minister. Section 50 of the *Passports Act* permits the Tribunal to review decisions made by the Minister under section 49. However, Mr Whiteman had not applied for a review of the cancellation decision by the Minister within the statutory 28-day timeframe stipulated by section 49. As no reviewable decision by the Minister had been made, and the period for seeking such a review had expired, the Tribunal concluded it lacked the necessary jurisdiction to hear the application. The Tribunal noted that Mr Whiteman's recourse would be to apply for a new passport and address any alleged inaccuracies in the cancellation basis with the Passport Office.

Consequently, the Tribunal dismissed Mr Whiteman's application for review, finding that the decision to cancel his passport was not reviewable by the Tribunal.