Buttar (Migration)

[2020] AATA 1144

Buttar (Migration) [2020] AATA 1144 (27 March 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Manpreet Kaur Buttar
Mr Gurwinder Singh Buttar

CASE NUMBER:  1918886

DIBP REFERENCE(S):  BCC2017/4352003

MEMBER:Denise Connolly

DATE:27 March 2020

PLACE OF DECISION:  Sydney

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

Statement made on 27 March 2020 at 18:20

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – application lodged two days out of time – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347(1)(b)
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 19 June 2019 to refuse to grant Regional Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 12 July 2019. 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 first named applicant was notified of the decision by letter dated 19 June 2019 and dispatched by email. The Tribunal is satisfied that the applicants were notified of the decision in accordance with the statutory requirements.

4. On 19 November 2019 the Tribunal wrote to the applicants seeking their comments on its preliminary view that in order to meet the prescribed timeframe the review application had to be made by 10 July 2019 and, as it was not made until 12 July 2019, the Tribunal did not have jurisdiction. The first named applicant responded on 2 December 2019, apologising for lodging the review application out of time, indicating it was done in error. The Tribunal has taken this into account but does not have any discretion in these matters.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 19 June 2019. Therefore the prescribed period to apply for review ended on 10 July 2019.

6. As the application for review was not received by the Tribunal until 12 July 2019 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.

   Denise Connolly
   Member