2100838 (Migration)

[2021] AATA 1253

2100838 (Migration) [2021] AATA 1253 (1 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2100838

MEMBER:L. Symons

DATE:1 March 2021

PLACE OF DECISION:  Sydney

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

Statement made on 1 March 2021 at 9:45am

CATCHWORDS
MIGRATION – cancellation – Bridging E (Class WE) visa – Subclass 050 (Bridging (General)) – no reviewable decision – no jurisdiction

LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth), s 29
Migration Act 1958 (Cth), ss 338, 347, 411, 412
Migration Regulations 1994 (Cth), r 4.02

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 501K of the Migration Act 1958 and replaced with generic information.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 26 January 2021 for review of the cancellation of a (subclass 050) Bridging visa. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse and cancel visas of various kinds and a range of sponsorship and nomination decisions, but the evidence before the Tribunal indicates that at the time the review application was lodged, no relevant decision had been made.

3. The Tribunal wrote to the applicant on 4 February 2021 informing him that there does not appear to be a decision made to cancel his Bridging visa that can be reviewed by the Tribunal. He was invited to respond to this information in writing by 18 February 2021. The letter was sent to him by email on 4 February 2021 to the email address nominated by him. The Tribunal did not receive a response to its letter.

4. As no reviewable decision had been made at the time the review application was lodged it follows that the application was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   L. Symons
   Member