1512440 (Migration)

[2016] AATA 3057

1512440 (Migration) [2016] AATA 3057 (13 January 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Sewpersad Holdings Pty Ltd

NOMINEE:Kiran Bala

CASE NUMBER:  1512440

DIBP REFERENCE(S):  BCC2015/1590835

MEMBER:Don Lucas

DATE:13 January 2016

PLACE OF DECISION:  Melbourne

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

Statement made on 13 January 2016 at 7:41pm

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 17 August 2015, to refuse a nomination under s.140GB of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 10 September 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 17 August 2015 and dispatched by email to the authorised recipient. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal wrote to the applicant care of the current representative, being a different representative from the one which had acted at the primary stage, inviting submissions on the question of jurisdiction. Relevantly, the Tribunal’s invitation stated:

   I am of the view that the application made by Sewpersad Holdings Pty Ltd is not a
   valid application as it was not lodged within the relevant time limit. The time limit is 21
   days from the day on which Sewpersad Holdings Pty Ltd is taken to have been notified of the primary decision. The primary decision was emailed to your authorised recipient on 17 August 2015 and, on the basis that 17 August 2015 was the date on which Sewpersad Holdings Pty Ltd is taken to have been notified, the last day for lodging the application for review was 7 September 2015. As the application was not received until 10 September 2015, it appears to be out of time.

6. No response has been received to the Tribunal’s invitation to comment.

7. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 17 August 2015. Therefore the prescribed period within which the review application could be made ended on 7 September 2015. As the application for review was not received by the Tribunal until 10 September 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.

   Don Lucas
   Member