Bongran (Migration)

[2022] AATA 2798

Bongran (Migration) [2022] AATA 2798 (26 May 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Stelzer Bongran

CASE NUMBER:  2200500

HOME AFFAIRS REFERENCE(S):          BCC20182625731

MEMBER:C. Packer

DATE:26 May 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 26 May 2022 at 6:01pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review lodged out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347, 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 Home Affairs on 8 December 2021 to refuse to grant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 13 January 2022. 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 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 8 December 2021 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 8 December 2021: s 494C of the Act. Therefore the prescribed period to apply for review ended on 29 December 2021.

5. A natural justice letter was sent to the applicant on 24 February 2022. However, no response was received in the time given.

6. As the application for review was not received by the Tribunal until 13 January 2022 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.

   C. Packer
   Member