DCORP Pty Ltd (Migration)

[2018] AATA 3428

DCORP Pty Ltd (Migration) [2018] AATA 3428 (6 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  DCORP Pty Ltd

CASE NUMBER:  1820290

DIBP REFERENCE(S):  BCC2017/1775020 PNJ

MEMBER:Karen Synon

DATE:6 August 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 06 August 2018 at 2:12pm

CATCHWORDS
MIGRATION – Nomination of an occupation (employer nomination) – review application out of time – no jurisdiction

LEGISLATION
Migration Act 1958, ss 347, 494C
Migration Regulations 1994, r 4.10

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 18 June 2018, to refuse a nomination under the Migration Act 1958 (the Act).  The review application was lodged with the Tribunal on 12 July 2018.  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. On reviewing the application the Tribunal formed the preliminary view that it did not have jurisdiction because the application for review was not received within the prescribed period for lodgement.  The Tribunal wrote to the applicant, via its authorised representative and registered migration agent by email on 17 July 2018 inviting written submissions on the issue of jurisdiction by 31 July 2018.  No response has been received.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 18 June 2018 and dispatched by email.  The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 18 June 2018: s.494C of the Act.  Therefore the prescribed period to apply for review ended on 9 July 2018.

6. As the application for review was not received by the Tribunal until 12 July 2018 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.

   Karen Synon
   Member