GOPAL (Migration)

[2018] AATA 2222

GOPAL (Migration) [2018] AATA 2222 (21 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Vikneshwaran Gopal

CASE NUMBER:  1809740

DIBP REFERENCE(S):  CLF2017/60128

MEMBER:Helena Claringbold

DATE:21 May 2018

PLACE OF DECISION:  Sydney

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

Statement made on 21 May 2018 at 8:07am

CATCHWORDS
Migration – Bridging C (Class WC) visa – Subclass 030 (Bridging C) – Review application out of time

LEGISLATION
Migration Act 1958, ss 65, 347
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 14 December 2017 to refuse to grant a Bridging C (Class WC) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 9 April 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, 14 December 2017 and dispatched by email. The Tribunal is satisfied that, the applicant was notified of the decision in accordance with the statutory requirements.

4. On 2 May 2018, the Tribunal wrote to the applicant and invited comment on the validity of the application for review and for comment to be with the Tribunal by 16 May 2018.  The applicant was told that the Tribunal was of the view that the application for review was not lodged within the relevant time limit. At the time of this decision the applicant has not provided any further information to the Tribunal.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on          14 December 2017. Therefore the prescribed period to apply for review ended on 4 January 2018.

6. As the application for review was not received by the Tribunal until 9 April 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.

   Helena Claringbold
   Member