GOGIKAR (Migration)

[2018] AATA 3955

GOGIKAR (Migration) [2018] AATA 3955 (11 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Shailendhar GOGIKAR

CASE NUMBER:  1827601

DIBP REFERENCE(S):  BCC2017/3334865

MEMBER:Jennifer Cripps Watts

DATE:11 October 2018

PLACE OF DECISION:  Sydney

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

Statement made on 11 October 2018 at 10:04am

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) visa – Subclass 187 Regional Sponsored Migration Scheme – review application out of time – repeated review applications – 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 19 February 2018 to refuse to grant a Regional Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 20 September 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 19 February 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.  He was notified that he had, from 19 February 2018, 21 days to lodge an application with the AAT.

4. On 20 September 2018, the applicant lodged an application for review of the decision to refuse the visa which was significantly beyond the date he needed to have lodged the review applicant by, which was 12 March 2018.

5. On 25 September 2018, the Tribunal wrote to the applicant informing him that it appeared his review application was not valid because it was lodged out of time.  He was invited to comment on whether a valid application had been made, no later than 9 October 2018.

6. Whilst not relevant to the finding that the applicant has lodged the application that is the subject of this decision out of time, it is noted by the Tribunal that the applicant has previously lodged applications with the Tribunal in March, May and July 2018 relating to the same visa refusal decision and they were also lodged out of time, resulting in the Tribunal making No Jurisdiction findings in all of the previous three applications.  This is his fourth review application for the same decision made by the delegate of the Minister on 19 February 2018.

7. The Tribunal finds that the applicant is taken to have been notified of the decision on 19 February 2018:  s.494C of the Act.  Therefore the prescribed period to apply for review ended on 12 March 2018.

8. As the application for review was not received by the Tribunal until 20 September 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

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

   Jennifer Cripps Watts
   Member