Aul (Migration)

[2023] AATA 4203

Aul (Migration) [2023] AATA 4203 (4 December 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Joosep Aul

CASE NUMBER:  2319460

HOME AFFAIRS REFERENCE(S):          BCC2018/3058571

MEMBER:Amanda Mendes Da Costa

DATE:4 December 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 4 December 2023 at 2.16pm

CATCHWORDS

MIGRATION – cancellation – Bridging E (Class WE) visa – Subclass 050 (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 10 October 2023 to cancel the applicant’s Bridging E (Class WE) visa under the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 29 November 2023. 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 2 working days after the applicant was notified of the decision in accordance with the statutory requirements.

3. On 29 November 2023, the Tribunal wrote to the applicant regarding his application for review of the decision to cancel his Subclass 050 (Bridging General) visa (in relation to his Partner visa application.

4. The Tribunal informed the applicant that it was of the view that his application was not a valid one as it was not lodged within the relevant time limit. The Tribunal advised that the time limit is two working days from the day on which the applicant is taken to have been notified of the primary decision. The Tribunal noted that the primary decision was handed to the applicant on 10 October 2023 and, on the basis that 10 October 2023 was the date on which he was taken to have been notified, the last day for lodging the application for review was Thursday 12 November 2023. The Tribunal further advised the applicant that as his application was not received by the Tribunal until 29 November 2023, it appeared to be out of time. 

5. The Tribunal invited the applicant to make any comments about whether he has made a valid application (in writing) by 1 December 2023.

6. The Tribunal notes that the applicant has not provided a response to the invitation.

7. The Tribunal finds that the applicant is taken to have been notified of the decision on 10 October 2023: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 12 October 2023.

8. As the application for review was not received by the Tribunal until 29 November 2023 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

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

   Amanda Mendes Da Costa
   Member