Basra (Migration)

[2020] AATA 1876

Basra (Migration) [2020] AATA 1876 (12 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Navpreet Alias Preeti Basra

CASE NUMBER:  2004367

DIBP REFERENCE(S):  BCC2019/575369

MEMBER:Kira Raif

DATE:12 May 2020

PLACE OF DECISION:  Sydney

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

Statement made on 12 May 2020 at 4:03pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review lodged out of time – previous application withdrawn on advice of migration agent – application re-lodged after change in circumstances – no discretion to extend period – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 65, 347(1)(b), 494C

Migration Regulations 1994 (Cth), 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 Immigration on 3 April 2019 to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 5 March 2020. 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 3 April 2019 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal finds that the applicant is taken to have been notified of the decision on 3 April 2019: s.494C of the Act

5. In his written submission to the Tribunal the applicant explains that he had withdrawn his previous application on advice of his migration agent but due to a change in circumstances, he decided to re-lodge the application. The Tribunal acknowledges that evidence but has no discretion to extend the period in which an application may be made.

6. As the application for review was not received by the Tribunal until 5 March 2020 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.

   Kira Raif
   Senior Member