1516541 (Migration)

[2016] AATA 3096

1516541 (Migration) [2016] AATA 3096 (27 January 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Wenfeng JIN

CASE NUMBER:  1516541

DIBP REFERENCE(S):  1580578664 BCC2015/742957

MEMBER:Kate Millar

DATE:27 January 2016

PLACE OF DECISION:  Adelaide

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

Statement made on 27 January 2016 at 1:10pm

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 9 November 2015, to refuse to grant a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the tribunal on 1 December 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. Under 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 9 November 2015 and dispatched by email. The tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirement.  AS the applicant did not respond to a letter from the tribunal seeking comment on whether the application was out of time, there is nothing to suggest the applicant was not notified on this date. The email address to which the decision was sent is the same email address as the email address provided to this tribunal with the application for review to contact the applicant. 

5. The tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 9 November 2015. Therefore the prescribed period within which the review application could be made ended on 30 November 2015. As the application for review was not received by the tribunal until 1 December 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

6. The tribunal does not have jurisdiction in this matter.

   Kate Millar
   Member