Addo (Migration)

[2017] AATA 1724

Addo (Migration) [2017] AATA 1724 (14 August 2017)

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DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Fredrick Kpakpo Addo
Master Lenz Adotey Addo

CASE NUMBER:  1716296

DIBP REFERENCE(S):  BCC2014/2187422

MEMBER:Margie Bourke

DATE:14 August 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 14 August 2017 at 4:21pm

CATCHWORDS

Migration – Partner (Migrant) (Class BC) visa – Subclass 100 (Spouse) – Departmental decision reversed

LEGISLATION

Administrative Appeals Tribunal 1975, s 29

Migration Act 1958, ss 338, 347, 411, 412

Migration Regulations 1994, r.4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the tribunal on 27 July 2017 for review of a decision by the Department dated 18 July 2017 that the review applicant did not meet the requirements of cl.100.221. 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 visas of various kinds, but there must be a decision before the tribunal to be reviewed.

3. The applicant lodged the application for review on 27 July 2017.  On 4 August 2017 the tribunal was notified by the Department that it had reversed the decision on 2 August 2017.  Therefore there is no longer a decision to be reviewed before the tribunal.

4. As there is no reviewable decision it follows that in this application for review, the tribunal does not have jurisdiction.

   DECISION

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

   Margie Bourke
   Member