Alford (Migration)

[2018] AATA 4399

Alford (Migration) [2018] AATA 4399 (5 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Tray Harley Alford

CASE NUMBER:  1827299

DIBP REFERENCE(S):  BCC2018/595451

MEMBER:Ann Duffield

DATE:5 November 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 05 November 2018 at 11:59am

CATCHWORDS
MIGRATION – cancellation – Special Category (Temporary) (Class TY) visa – Subclass 444 (Special Category) – review application out of time – no jurisdiction

LEGISLATION
Acts Interpretation Act 1901, s 36
Migration Act 1958, s 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 26 July 2018 to cancel the applicant’s Special Category (Temporary) (Class TY) visa under the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 18 September 2018. 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 7 working 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 26 July 2018 and dispatched by post to all three addresses known to the Minister. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The applicant claims that the Minister’s delegate was notified by an officer of the Queensland government that the applicant was not residing at any of the three addresses. That may or may not be the case. There is no evidence before the Tribunal that he did so. The delegate of the Minister therefore had no other option open to them in relation to where to send the notification that the applicant’s visa had been cancelled except to those addresses provided by the applicant.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 6 August 2018: r.2.55 of the Regulations. Therefore the prescribed period to apply for review ended on 16 August 2018.

6. As the last day of the prescribed period fell on a Saturday, Sunday or holiday, the applicant had until the end of the next day that was not a Saturday, a Sunday or a holiday to lodge his or her application, i.e. until 16 August 2018: s.36(2) of the Acts Interpretation Act 1901.

7. As the application for review was not received by the Tribunal until 18 September 2018 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

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

   Ann Duffield
   Senior Member