The jurisdiction of the Tribunal to review decisions made under s 501(1) of the Act is enlivened by s 105 of the ART Act and s 500(1)(b) of the Act.
Section 500(6B) of the Act provides the following:

ARTA|2025-11-12|Before: General Member J

The Applicant was not represented in the proceedings before the Tribunal.
The Respondent provided the Tribunal with a written submission in support of the Minister's position dated 7 November 2025 which has been duly considered.

As the Applicant was not represented and had not furnished any submission with respect to the review the Tribunal explained the application of the relevant law to the Applicant and the contents of the Ministers submission which referenced the legal position with regards to the jurisdiction question in this case. The Applicant advised that he understood that there was no capacity for the Tribunal to conduct merits review in the circumstances of the Applicant where the application for review was received outside the statutory timeframe to seek such a review. The Applicant acknowledged that his former representative failed to lodge the review within the strict statutory timeframe to do so and that the review application was received by the Tribunal 4 days out of time.
The Tribunal suggested that it was in the Applicant's best interests to obtain independent legal advice with respect to his current predicament. The Tribunal advised that a Registry Officer would send him a list of where he may be able to obtain that advice to his e-mail address.

The jurisdiction of the Tribunal to review decisions made under s 501(1) of the Act is enlivened by s 105 of the ART Act and s 500(1)(b) of the Act.
Section 500(6B) of the Act provides the following:

If a decision under section 501 of this Act, or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa, relates to a person in the migration zone, an application to the ART for a review of the decision must be lodged with the ART within 9 days after the day on which the person was notified of the decision in accordance with subsection 501G(1). Accordingly, sections 18 and 19 of the ART Act do not apply to the application.

Section 500(6B) of the Act relevantly provides that where a decision is made under s 501 of the Act, an application for review of the decision must be lodged with the Tribunal within 9 days after the day on which the person was notified of the decision in accordance with subsection 501G(1). Section 500(6B) expressly provides that sections 18 and 19 of the Administrative Review Tribunal Act 2024 (Cth) ('the ART Act') (which deal with applications for extension of time) do not apply to the application.

The Applicant was notified of the visa refusal decision on 8 September 2025. Therefore, the 9-day application period expired on 17 September 2025. The Applicant filed his application with the Tribunal on 21 September 2025, which is outside the 9-day time period. The Tribunal does not have the power to extend the appeal period set down by s 500(6B) of the Act.
The Tribunal finds that the notification was addressed to the Applicant's authorised recipient Mr Michael Doyle of Morning Star Legal & Migration Services Pty Ltd and contained details of the Applicant's review rights. The notification was compliant with the requirements of the Act and was given to the Applicant in the prescribed way.
The Tribunal has no discretion to waive the requirements of the Act. The Applicant had until 17 September 2025 to lodge his review application, but did not do so until 21 September 2025, 4 days out of time.
It follows that the Tribunal, through operation of law, has no jurisdiction with respect to this application.

The Tribunal has no jurisdiction in this matter and the application for review is accordingly dismissed under s 97 of the Administrative Review Tribunal Act (2024).

Review Tribunal Act 2024

Marial and Minister for Immigration and Citizenship (Migration) [2025] ARTA 2399 (12 November 2025)

Virapornsawun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1699

Virapornsawun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

At a glance

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Judgment (7 paragraphs)

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Legislation Cited (1)

Cases Cited (2)

Marial and Minister for Immigration and Citizenship (Migration) [2025] ARTA 2399 (12 November 2025)