HAN (Migration)

[2018] AATA 3626

HAN (Migration) [2018] AATA 3626 (13 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr CHANG KYU HAN

CASE NUMBER:  1823658

DIBP REFERENCE(S):  BCC2018/2257380

MEMBER:Alan McMurran

DATE:13 Sep 2018

PLACE OF DECISION:  Sydney

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

Statement made on 13 September 2018 at 12:12pm

CATCHWORDS
MIGRATION – Training (Class GF) visa – Subclass 407 (Training) – 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 11 July 2018 to refuse to grant a Training (Class GF) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 15 August 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 11 July 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements. The 21^st day after notification of the decision was 1 August 2018.

4. The Tribunal has had regard to the information on the Tribunal’s file. The information discloses that the Tribunal sent a letter to the visa applicant on 21 August 2018. The letter informed the visa applicant that if he wished to make any comment on the validity of the application for review, he should do so on or before 4 September 2018.

5. The Tribunal did not receive any submissions from the visa applicant in response to the invitation, which was also sent to the visa applicant’s representative.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 11 July 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 1 August 2018. The Tribunal finds that the application for review needed to be lodged on or before 1 August 2018.

7. As the application for review was not received by the Tribunal until 15 August 2018 it follows that the application for review was out of time and not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Alan McMurran
   Member