Han (Migration)

[2020] AATA 2357

Han (Migration) [2020] AATA 2357 (9 June 2020)

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DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Dong Han

CASE NUMBER:  2007440

DIBP REFERENCE(S):  BCC2020/1292789

MEMBER:David Barker

DATE:9 June 2020

PLACE OF DECISION:  Sydney

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

Statement made on 09 June 2020 at 10:38am

CATCHWORDS

MIGRATION – Bridging E (Class WE) visa – Subclass 050 (Bridging (General)) – applicant’s student visa ceased naturally – no application for extension of visa, therefore no refusal by department  and no reviewable decision – application invalid – applicant holds valid bridging visa – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 338, 347, 411, 412

Migration Regulations 1994 (Cth), r 4.02(4)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 24 April 2020 for review of  a decision to refuse to grant an extension of a visa for study.  For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse visas of various kinds, but the evidence before the Tribunal indicates that the applicant has not been refused or had his visa cancelled.

3. The applicant’s visa history indicates he currently holds WE 050 Bridging visa, which was granted on 6 April 2020.  It is in effect and valid until 6 October 2020. On his application for review form the review applicant indicated that he wishes to apply for review of a ‘refusal to grant extension of visa for study’. The review applicant was previously holding a TU-500 Student visa, which was granted on 10 April 2019 and ceased naturally on 30 January 2020.

4. The Tribunal  wrote to the applicant on 12 May 2020 and invited comment from him in relation to a preliminary view that the application was not valid as neither a decision where the Department has not refused a Bridging E (Class WE) visa; or a decision where the Department has not refused a Student (Temporary) (Class TU) visa are decisions which can be reviewed by the Tribunal.  The letter indicated the Tribunal required a response by 26 May 2020.  No response  from the applicant was received by 26 May 2020, or by the date of this decision.

5. The Tribunal finds the applicant currently holds a valid WE 050 Bridging visa.  The Tribunal also finds there is no evidence before it of the applicant applying for a further Student (Temporary) (Class TU) visa following on the natural cessation of the Student visa which was granted to him in April 2020. It follows that there is no evidence before the Tribunal of  a decision by the Department to refuse any such visa application. The Tribunal finds that there is no reviewable decision

6. As there is no reviewable decision it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   David Barker
   Member