Hu (Migration)

[2021] AATA 5507

Hu (Migration) [2021] AATA 5507 (3 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr King Ming Hu

CASE NUMBER:  2104992

DIBP REFERENCE(S):  CLF2017/107052

MEMBER:Phoebe Dunn

DATE:3 June 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 03 June 2021 at 8:23am

CATCHWORDS
MIGRATION – cancellation – Bridging A (Class WA) visa – Subclass 010 (Bridging A) – visa expired, not cancelled – two more expired visas held since then – no reviewable decision – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 338(3), 347
Migration Regulations 1994 (Cth), r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. On 19 April 2021, the applicant lodged an application purporting to be for review of a decision to cancel a Bridging A visa (Class WA 010) granted on 6 November 2017.  At the time of application, the applicant attached a copy of the notice of grant of the Bridging A visa but did not attach a copy of a decision to cancel the visa.  On the application form the applicant listed the date of cancellation as 12 April 2021. 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, including a decision to cancel a visa where the non-citizen whose visa is cancelled is not in immigration detention because of that cancellation, but is in the migration zone at the time of cancellation (s.338(3) of the Act)).

3. A search of Departmental records in respect of the applicant shows that the applicant was granted a Bridging visa A on 6 November 2017 which expired on 27 March 2018. There was no decision taken to cancel this visa. These records also show that the applicant has had two Bridging E visas granted, the first on 19 January 2021 which expired on 19 April 2021 and the second on 13 April 2021 which expired on 13 May 2021. There is no evidence before the Tribunal that the applicant has had any visa cancelled. The Tribunal does not have jurisdiction to consider the expiry of the applicant’s Bridging visa A as the expiry of a visa is not a reviewable decision for the purposes of Part 5 of the Act.

4. As such, the Tribunal finds that there is no reviewable decision under Part 5 of the Act before the Tribunal.

5. 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

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

   Phoebe Dunn
   Member