Gunawan (Migration)

[2018] AATA 615

Gunawan (Migration) [2018] AATA 615 (12 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Vera Gunawan
Mr Verrel Yogensha Tamin
Mr Sylvester Collin Tamin

CASE NUMBER:  1804295

DIBP REFERENCE(S):  OSF2017/048462

MEMBER:Helena Claringbold

DATE:12 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 12 March 2018 at 1:56pm

CATCHWORDS

Migration – Bridging A (Class WA) – Subclass 010 – Applicant notified of the decision – Invalid application – Lodged out of time – Did not have finances to lodge a review

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 and Border Protection on 22 January 2018 to refuse to grant Bridging A (Class WA) visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 19 February 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 22 January 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 19 February 2018, the Tribunal received a request from the applicant, for a fee reduction and information about the applicant’s circumstances.  On 20 February 2018, the Tribunal received a payment of $865.50 from the applicant for the review. On 27 February 2018, the Tribunal wrote to the applicant and put to her that it appeared her that the application was not a valid application as it was not lodged within the relevant time frame.  She was invited to make comment on the validity of the application for review and for comment to be with the Tribunal by 13 March 2018.

   On 5 March 2018, the applicant informed the Tribunal that the main reason for not lodging the review application earlier was due to a lack of money. On 12 March 2018, the sponsor informed the Tribunal that he had been approved for parenting payments.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 22 January 2018 in accordance with s.494C of the Act. Therefore the prescribed period to apply for review ended on 12 February 2018. As the application for review was not received by the Tribunal until 19 February 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

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

   Helena Claringbold
   Member