Aliakbarzadeh Kordmahini (Migration)

[2024] AATA 3381

Aliakbarzadeh Kordmahini (Migration) [2024] AATA 3381 (6 September 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Sahar Aliakbarzadeh Kordmahini

VISA APPLICANT:  Miss Sadaf Alaikbarzadeh Kordmahini

CASE NUMBER:  2413830

HOME AFFAIRS REFERENCE(S):          BCC2024/496950

MEMBER:Frances Simmons

DATE:6 September 2024

PLACE OF DECISION:  Sydney

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

Statement made on 06 September 2024 at 7:02pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – review application out of time – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 347, 494C
Migration Regulations 1994, r 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 Home Affairs on 13 February 2024 to refuse to grant a Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 27 May 2024. 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 reg 4.10 of the Migration Regulations 1994 (Cth) (the Regulations) an application for review of this decision had to be made within 70 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 13 February 2024 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

   On 19 August 2024, a Tribunal officer wrote to the review applicant and invited her to comment on whether the review application was made within the relevant time limits. The review applicant responded that she was not aware of the relevant time limit.

   The Tribunal finds that the applicant is taken to have been notified of the decision on 13 February 2024: s 494C of the Act. Therefore the prescribed period to apply for review ended on 23 April 2024.

4. As the application for review was not received by the Tribunal until 27 May 2024 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

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

   Frances Simmons
   Member