Ega (Migration)

[2021] AATA 5585

Ega (Migration) [2021] AATA 5585 (30 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Dr Oiwodu Estella Ega

CASE NUMBER:  2017583

DIBP REFERENCE(S):  BCC2020/2500781

MEMBER:Tim Connellan

DATE:30 March 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 30 March 2021 at 2:39pm

CATCHWORDS

MIGRATION – Medical Treatment (Visitor) (Class UB) visa – Subclass 602 (Medical Treatment) – review application out of time – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 347, 494C
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 Immigration on 2 November 2020 to refuse to grant a Medical Treatment (Visitor) (Class UB) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 7 December 2020. 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 applicant was notified of the decision by letter dated 2 November 2020 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal finds that the applicant is taken to have been notified of the decision on 2 November 2020: s.494C of the Act, therefore the prescribed period to apply for review ended on 23 November 2020.

5. As the application for review was not received by the Tribunal until 7 December 2020 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

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

   Tim Connellan
   Member