1606835 (Migration)

[2016] AATA 4332

1606835 (Migration) [2016] AATA 4332 (7 September 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Lalita DEVI CAWLEY

CASE NUMBER:  1606835

DIBP REFERENCE(S):  CLF2013/212869

MEMBER:Chantal Bostock

DATE:7 September 2016

PLACE OF DECISION:  Sydney

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

Statement made on 07 September 2016 at 7:16am

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 7 April 2016, to refuse to grant a Partner (Residence) (Class BS) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 13 May 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 7 April 2016 and dispatched by post. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

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 18 April 2016. Therefore the prescribed period within which the review application could be made ended on 9 May 2016. As the application for review was not received by the Tribunal until 13 May 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

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

   Chantal Bostock
   Member