Folarin (Migration)

[2018] AATA 3839

Folarin (Migration) [2018] AATA 3839 (2 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Deola D'brown Folarin

CASE NUMBER:  1820838

DIBP REFERENCE(S):  BCC2017/4438618

MEMBER:Ian Berry

DATE:2 October 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 02 October 2018 at 12:51pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – 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 10 May 2018 to refuse to grant a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 17 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. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 10 May 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 11 September 2018, the Tribunal wrote to the applicant, dispatched by email, advising that it considers the application for review to be an invalid application as it was not lodged within the relevant time.  That letter, invited the applicant to make any comments as to whether a valid application had been made and if the applicant was mindful in making comments then the applicants comments should be in writing and given to the tribunal by 25 September 2018.  The applicant did not respond. 

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 10 May 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 31 May 2018.

6. As the application for review was not received by the Tribunal until 17 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.

   Ian Berry
   Member