1601811 (Migration)

[2016] AATA 3484

1601811 (Migration) [2016] AATA 3484 (14 March 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  St Jude Solutions Pty Ltd     

CASE NUMBER:  1601811

DIBP REFERENCE(S):  BCC2015/32318833

MEMBER:Michael Cooke

DATE:14 March 2016

PLACE OF DECISION:  Sydney

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

Statement made on 14 March 2016 at 4:57pm

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 22 January 2016, under the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 16 February 2016. 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 22 January 2016 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The applicant’s representative contacted the Tribunal to inform it that the applicant understood the application was made out of time and was withdrawing its application. Unfortunately the Tribunal finds that an applicant cannot withdraw from a review which was made out of time and which is invalid.

6. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 22 January 2016. Therefore the prescribed period within which the review application could be made ended on 12 February 2016. As the application for review was not received by the Tribunal until 16 February 2016 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

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

   Michael Cooke
   Member