Harkin (Migration)

[2018] AATA 3843

Harkin (Migration) [2018] AATA 3843 (2 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Eoighan Frank Harkin

CASE NUMBER:  1826723

DIBP REFERENCE(S):  BCC2017/2340736

MEMBER:Michelle East

DATE:2 October 2018

PLACE OF DECISION:  Perth

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

Statement made on 02 October 2018 at 1:12pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – 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 8 August 2018 to refuse to grant a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 12 September 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 August 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 by email at the address notified on the application for review by the applicant, seeking submissions on whether the application was valid as it appeared to be lodged outside the relevant time limit.  No response was provided to this letter within the time frame provided.

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

6. As the application for review was not received by the Tribunal until 12 September 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.

   Michelle East
   Member