1517418 (Migration)

[2016] AATA 3169

1517418 (Migration) [2016] AATA 3169 (28 January 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Kritsana Suebkumkaew
Miss Kunjanik Fanfuer
Mr Ritikiat Fanfuer

CASE NUMBER:  1517418

DIBP REFERENCE(S):  OSF2013/005237

MEMBER:Nicholas McGowan

DATE:Thursday 28 January 2016

PLACE OF DECISION:  Sydney

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



Statement made on 28 January 2016 at 12:34pm

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration, dated 9 December 2015, to refuse to grant Partner (Migrant) (Class BC) visas under s.65 of the Migration Act 1958 (the Act).

2. The review application form was lodged with the Tribunal on 16 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. Pursuant to s.347(1) of the Act and r.4.13 of the Migration Regulations 1994, this application had to be given to the Tribunal within the prescribed period, as specified in s.347(1)(b) and r.4.10, and accompanied by the prescribed fee unless a determination has been made under r.4.13(4) that the fee should be reduced on the basis of financial hardship. The prescribed period is set out in r.4.10 of the Regulations and starts when the applicant is notified of the decision. In the present case, the prescribed period ended on 8 January 2016. The fee must be paid within the prescribed period: Kirk v MIMA (1998) 87 FCR 99, or if a determination has been made under r.4.13(4), within a reasonable period after that determination: Braganza v MIMA (2001) 109 FCR 364.

4. Before the prescribed period expired, the applicant asked the Tribunal to reduce the prescribed application fee. An authorised officer decided to refuse the request and the applicant was advised of this decision by letter dated 21 December 2015. The applicant was asked to pay the application fee within 14 days of receiving the Tribunal’s letter. The Tribunal considers the applicant has been given a reasonable period to pay the fee since being notified of the authorised officer’s decision; however, as of the date of this decision, the fee has not been paid. The application for review is therefore not a valid application and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Nicholas McGowan
   Member