CHEN (Migration)

[2017] AATA 1762

CHEN (Migration) [2017] AATA 1762 (13 September 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms LIJUAN CHEN
Mr YIXI LU
Mr YIHAN LU

CASE NUMBER:  1716835

DIBP REFERENCE(S):  BCC2015/2653046

MEMBER:Kate Timbs

DATE:13 September 2017

PLACE OF DECISION:  Sydney

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

Statement made on 13 September 2017 at 5:30pm

CATCHWORDS

Migration – Partner (Temporary) (Class UK) visa – Subclass 820 – Decision already reviewed

LEGISLATION

Migration Act 1958, s 65

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. Ms Chen applied to the Tribunal on 2 August 2017 for review of a decision made by a delegate of the Minister for Immigration on 4 March 2016 to refuse to grant the visa applicants Partner (Temporary) (Class UK) (Subclass 820) visas.

2. Ms Chen applied to the Tribunal on 24 March 2016 for review of the same decision. The Tribunal (differently constituted) considered that application for review and affirmed the decision on 14 June 2016. The Tribunal (as presently constituted) has no power to reconsider its decision because Ms Chen has applied for review of the same decision a second time.

3. For that reason, it has no jurisdiction to hear Ms Chen’s application for review made on 2 August 2017.

   DECISION

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

   Kate Timbs
   Member