1615222 (Migration)

[2016] AATA 4861

1615222 (Migration) [2016] AATA 4861 (9 November 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Manpreet Kaur

CASE NUMBER:  1615222

DIBP REFERENCE(S):  CLF2009/33662

MEMBER:Brendan Darcy

DATE:9 November 2016

PLACE OF DECISION:  Melbourne

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

Statement made on 09 November 2016 at 5:25pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 572 (Vocational Education and Training Sector) – Requirement for application to be made within 7 days of notification of decision – Application made out of time

LEGISLATION
Migration Act 1958, ss 65, 347(1)(b), 494C
Migration Regulations 1994, r 4.10

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 August 2010, to cancel the applicant’s Student (Temporary) (Class TU) visa under the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 20 September 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 7 working 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 August 2010. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. On 28 September 2016, the Tribunal emailed correspondence to the applicant. This correspondence invited the applicant to comment on the validity of the application for review and to forward written submissions to the Tribunal by 12 October 2016 to the correct email address.[1]

   [1] AAT Folio 25

6. The Tribunal received a response by email on 12 October 2016 from the applicant.[2]  The substance of the response included that the applicant did not have a complete record of his initial application and that he was attempting to access this material with a Freedom of Information request.  The applicant attached an acknowledgement letter for the request from the Department of Immigration to the emailed response.  The applicant also stated he is able to provide ‘strong verbal evidence at the hearing session’ but did not submit any written statement or documentary evidence to elaborate on those reasons the review application is reviewable in accordance with the relevant legislation.

   [2] AAT Folio 28

7. No further submissions were forward right up to the time of making this decision.

8. 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 August 2010. Therefore the prescribed period within which the review application could be made ended on 31 August 2010. As the application for review was not received by the Tribunal until 20 September 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

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

   Brendan Darcy
   Member