Cadavid Bastias (Migration)

[2024] AATA 1644

Cadavid Bastias (Migration) [2024] AATA 1644 (26 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Maximo Cadavid Bastias

CASE NUMBER:  2402080

HOME AFFAIRS REFERENCE(S):          BCC2022/537020

MEMBER:Angela Julian-Armitage

DATE:26 April 2024

PLACE OF DECISION:  Brisbane

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

Statement made on 26 April 2024 at 12:30pm

CATCHWORDS

MIGRATION – Temporary Activity (Class GG) visa – review application was not lodged within the relevant time limit – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 347,494C(5)

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 3 January 2024 to refuse to grant a Temporary Activity (Class GG) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 7 February 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 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 January 2024 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. This Tribunal notes the letter from the applicant’s father in relation to the tardiness of the application for review. However, this Tribunal has no discretionary powers to waive the statutory requirements in relation to timeframes for lodgement of such applications.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 3 January 2024: [s 494C of the Act]. Therefore the prescribed period to apply for review ended on 24 January 2024.

6. As the application for review was not received by the Tribunal until 7 February 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

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

   Angela Julian-Armitage
   Member