1505227 (Migration)

[2015] AATA 3211

1505227 (Migration) [2015] AATA 3211 (29 July 2015)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Shweta Devi Bheekun

CASE NUMBER:  1505227

DIBP REFERENCE(S):  BCC2015/473342

MEMBER:Gabrielle Cullen

DATE:29 July 2015

PLACE OF DECISION:  Sydney

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 29 July 2015 at 2:58pm

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 25 March 2015, to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 17 April 2015. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Pursuant to s.347(1)(b) of the Act and r.4.10 of the Migration Regulations 1994 (the Regulations) an application for review of this decision had to be made within 21 days after the applicant was notified of the decision in accordance with the statutory requirements.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 25 March 2015 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. On 30 April 2015 the Tribunal wrote to the applicant a letter to the email address outlined for correspondence in the applicant’s application for review form, advising that the applicant lodged her review application on 17 April 2015 and that the last day for lodging the application for review was 15 April 2015. The letter indicated that the application appears to be out of time but invited the applicant to make comments as to whether a valid application has been made. The applicant was requested to respond by 14 May 2015.

6. In a written response, received by the Tribunal on 14 May 2015, the applicant advised that she was genuinely very confused when she received her notification from the Department and needed some time to accept the decision and think about what to do next. She claims she used the time to get her head around the situation and to get some counselling from the college and to seek help from friends. She claimed she tried to seek as much legal advice as she could according to her means. She indicated she really wants to graduate as a graphic design student. She claimed as she is studying for the first time in her life she should be given the opportunity to finish what she started. She maintained that she did lodge a valid application for review.

7. The Tribunal has considered the applicant’s response but finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 25 March 2015 by email. Therefore the prescribed period within which the review application could be made ended on 15 June 2015. As the application for review was not received by the Tribunal until 17 June 2015 it follows that the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

8. The Tribunal does not have jurisdiction in this matter.

   Gabrielle Cullen
   Member