1608852 (Migration)

[2016] AATA 4153

1608852 (Migration) [2016] AATA 4153 (22 July 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Omair Yasin

CASE NUMBER:  1608852

DIBP REFERENCE(S):  BCC2015/3882188

MEMBER:Lisa Lo Piccolo

DATE:22 July 2016

PLACE OF DECISION:  Melbourne

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

Statement made on 22 July 2016 at 12:19pm

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 20 May 2016, to refuse to grant a Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 16 June 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 20 May 2016 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. On 5 July 2016 the Tribunal received an email from the applicant confirming that he received an email from the Department refusing his partner application on 20 May 2016.  He explained that he did not have access to a lawyer because of his circumstances.  He said he got information that the 21 calendar days does not include Saturdays and Sundays or public holidays.  He said it was on this basis that he submitted his application on 16 June 2016, and thought it was within time.  He does not indicate who provided him this information.  This email was sent in response to the Tribunal’s letter dated 21 June 2016 inviting the applicant to comment on the validity of the application for review.  The Tribunal has considered the documentation submitted.

6. Although the circumstances in this matter are unfortunate, the Tribunal has no discretion to take them into account.  The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 20 May 2016.  Therefore the prescribed period within which the review application could be made ended on 10 June 2016. As the application for review was not received by the Tribunal until 16 June 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

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

Lisa Lo Piccolo
Member