Deshpande (Migration)

[2023] AATA 1753

Deshpande (Migration) [2023] AATA 1753 (8 May 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Dr Preeti Baburao Deshpande

CASE NUMBER:  2301907

HOME AFFAIRS REFERENCE:               BCC2021/968984

MEMBER:L. Symons

DATE:8 May 2023

PLACE OF DECISION:  Sydney

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

Statement made on 08 May 2023 at 11:30am

CATCHWORDS
MIGRATION – Sponsored Parent (Temporary) (Class GH) visa – Subclass 870 (Sponsored Parent (Temporary)) – review application lodged out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 347
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 23 January 2023 to refuse to grant a Parent Sponsor in relation to a Sponsored Parent (Temporary) (subclass 870) under the Migration Act 1958 (Cth) (the Act). The review application was lodged on 14 February 2023. 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 Department of Home Affairs (Department) notified the applicant of the decision by letter dated 23 January 2023 and dispatched by email on that date. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 6 April 2023, the Tribunal wrote to the applicant inviting her to make comments on the validity of her application for review by 20 April 2023. This letter was sent to her by email on 6 April 2023. On 21 April 2023, the Tribunal received a response from the applicant indicating that she was in India when she was notified of the Department’s decision and she applied for review to the Tribunal after she returned to Australia.

5. The Tribunal has considered the applicant’s explanation but unfortunately does not have the discretion to extend the prescribed time for filing an application for review. The Tribunal finds that the applicant is taken to have been notified of the decision on 23 January 2023. Therefore, the prescribed period to apply for review ended on 13 February 2023.

6. As the application for review was not received by the Tribunal until 14 February 2023 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.

   L. Symons
   Member