Guan (Migration)

[2018] AATA 2069

Guan (Migration) [2018] AATA 2069 (9 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Binli Guan
Master Wujie Weng

CASE NUMBER:  1810905

DIBP REFERENCE(S):  BCC2016/3531721

MEMBER:David Barker

DATE:9 May 2018

PLACE OF DECISION:  Sydney

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

Statement made on 09 May 2018 at 12:37pm

CATCHWORDS
Migration – Partner (Temporary) (Class UK) visas – Subclass 820 (Spouse) – Review application out of time

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 8 February 2018 to refuse to grant Partner (Temporary) (Class UK) visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 17 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 8 February 2018 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 wrote to the applicant on 20 April 2018 and invited comment from her in relation to a preliminary view that the application was not valid given it had not been lodged in the 21 days after the notification of the primary decision. The letter explained to the applicant that the primary decision was emailed to her authorised recipient on 8 February 2018 and, on the basis that 8 February 2018 was the date on which he is taken to have received notice of the decision, the last day for lodging the application was 1 March 2018.  It was stated that the application appeared out of time.  The letter indicated the Tribunal required a response, in writing, by 4 May 2018. 

5. The Tribunal has received no response to this letter. Accordingly, on the basis of the information available to it, the Tribunal finds that the applicant is taken to have been notified of the decision on 8 February 2018 in accordance with the provisions of s.494C of the Act. Therefore the prescribed period to apply for review ended on 1 March 2018.

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

   David Barker
   Member