Fletcher (Migration)

[2020] AATA 5937

Fletcher (Migration) [2020] AATA 5937 (10 December 2020)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Miss Natalie Fletcher

CASE NUMBER:  2015805

DIBP REFERENCE(S):  PNJ

MEMBER:  Alan McMurran

DATE:  10 December 2020

PLACE OF DECISION:  Sydney

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

Statement made on 10 December 2020 at 1:33pm

CATCHWORDS

MIGRATION – Temporary Activity (Class GG) visa – Subclass 408 (Temporary Activity) – validity of review application – duration of visa granted – not a reviewable decision – No jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 338, 347, 411, 412

Migration Regulations 1994 (Cth), r 4.02

STATEMENT OF DECISION AND REASONS APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 25 October 2020 for review of a decision to grant the applicant a Temporary Activity (Class GG) visa, valid to 30 November 2020. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

1. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse visas of various kinds, but the evidence before the Tribunal indicates that a decision to grant a visa for a specified period is not a reviewable decision.

1. On 26 October 2020, the Tribunal sent a letter to the applicant inviting her to comment, and which included the following:

I am writing in relation to the application for review made by you in respect of a decision to refuse to grant a Temporary Activity (Class GG) visa.

I am of the view that your application is not a valid application as a decision about the length of time visa is granted is not a decision which can be reviewed by us. However, this is a matter which must be determined by a Member.

If you wish to make any comments on whether a valid application has been made, you are invited to do so, in writing, by 9 November 2020. Your application, with any comments you make, will then be referred to a Member to make a decision on your application. If the Member decides that you have not made a valid application, you will be given a written statement of decision and reasons.

1. The Tribunal did not receive a response. The Tribunal finds it has no jurisdiction to review the length of time for which a valid visa application has been approved. As the time period for the duration of the visa was determined by the Department, there is nothing for the Tribunal to review.

1. As there is no reviewable decision it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

DECISION

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

Alan McMurran Member

Case Number 2015805  Page 2 of 2