Alam (Migration)

[2018] AATA 697

Alam (Migration) [2018] AATA 697 (31 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Rasel Alam

CASE NUMBER:  1732351

DIBP REFERENCE(S):  PNJ

MEMBER:Moira Brophy

DATE:31 January 2018

PLACE OF DECISION:  Sydney

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

Statement made on 31 January 2018 at 8:22am

CATCHWORDS
Migration – Medical Treatment (Visitor) (Class UB) – Subclass 602 (Medical Treatment) – Review application lodged out of time

LEGISLATION
Migration Act 1958, ss 65, 347
Migration Regulations 1994, rr 2.55, 4.10

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration on 24 November 2017 to refuse to grant a Medical Treatment (Visitor) (Class UB) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 18 December 2017. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. 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.

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 24 November 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The applicant has submitted that he was given verbal advice by a staff member that he had 28 clear calendar days in which to lodge his application. He calculated that to be 18 December 2017. The Tribunal has considered that submission but is bound by the legislative provisions. The Tribunal does not have a discretion to vary those provisions.

5. Accordingly, the Tribunal finds that the applicant is taken to have been notified of the decision on 24 November 2017: r.2.55 of the Regulations. Therefore the prescribed period to apply for review ended on 15 December 2017.

6. As the application for review was not received by the Tribunal until 18 December 2017 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

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

   Moira Brophy
   Member