Houia (Migration)

[2018] AATA 2068

Houia (Migration) [2018] AATA 2068 (8 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Wiremu Ruihi Tek-atekapua Houia

CASE NUMBER:  1808291

DIBP REFERENCE(S):  BCC2018/246451

MEMBER:Michelle East

DATE:8 May 2018

PLACE OF DECISION:  Perth

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

Statement made on 08 May 2018 at 3:51pm

CATCHWORDS
Migration – Cancellation – Special Category (Temporary) (Class TY) visa – Subclass 444 (Special Category) – Review application out of time

LEGISLATION
Migration Act 1958, ss 65, 347, 494C
Migration Regulations 1994, rr 2.55, 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 26 February 2018, to cancel the applicant’s Special Category (Temporary) (Class TY) visa under the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 26 March 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 7 working 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 26 February 2018 and dispatched by registered post.

4. The applicant’s last address provided to the Minister via his most recent PAX card dated 17 October 2015 was in Deception Bay, Queensland.  Following an application for bail the Minister was notified by email on 16 January 2018 that the applicant was required to reside at an address in Mareeba, Queensland as a condition of his bail.

5. The Tribunal obtained the ICSE records of the applicant which notes the applicant as providing his residential and postal address to the Department on 20 March 2018 as being in Pinkenba, Queensland.  On 26 April 2018 the applicant notified the Tribunal by email that he was living at an address in Petrie, Qld.  There is no record in the Department’s file that this address was notified to them.

6. The Tribunal finds as a question of fact that the last residential address known to the Minister of the applicant at the time at which the decision to cancel his visa made, that is as at 26 February 2018, was that in Mareeba.   However, as a precaution the decision was dispatched by the Minister by registered mail to Mareeba and to Deception Bay.  The Tribunal finds the decision was dispatched to the last residential address known to the Minister. 

7. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

8. The Tribunal finds that the applicant is taken to have been notified of the decision on 7 March 2018: r.2.55 of the Regulations. Therefore the prescribed period to apply for review ended on 16 March 2018.

9. As the application for review was not received by the Tribunal until 26 March 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

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

    Michelle East
    Member