Gyamfi (Migration)

[2019] AATA 109

Gyamfi (Migration) [2019] AATA 109 (17 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Michael Gyamfi

CASE NUMBER:  1835242

DIBP REFERENCE(S):  CLF2014/81276

MEMBER:Angela Cranston

DATE:17 January 2019

PLACE OF DECISION:  Sydney

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

Statement made on 17 January 2019 at 12:53pm

CATCHWORDS

MIGRATION – Partner (Residence) (Class BS) visa – Subclass 801 (Spouse) – 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 30 October 2018 to refuse to grant a Partner (Residence) (Class BS) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 30 November 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 30 October 2018 and dispatched by post. 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 stating that it was of the view that the review application was out of time and asked for comments but did not receive any.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 8 November 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 29 November 2018.

6. As the application for review was not received by the Tribunal until 30 November 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.

   Angela Cranston
   Member