Hunkrathok (Migration)

[2024] AATA 1173

Hunkrathok (Migration) [2024] AATA 1173 (16 May 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Phacharaphan Hunkrathok

CASE NUMBER:  2405026

HOME AFFAIRS REFERENCE(S):          BCC2023/2129848

MEMBER:Mr S Norman

DATE:16 May 2024

PLACE OF DECISION:  Sydney

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

Statement made on 16 May 2024 at 11:49am

CATCHWORDS

MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – review application out of time – fee not paid – 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 Home Affairs on 29 February 2024 to cancel the applicant’s Student (Temporary) (Class TU) visa under the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 15 March 2024. 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 reg 4.10 of the Migration Regulations 1994 (Cth) (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 the applicant was notified of the decision by letter dated 29 February 2024 and dispatched by email. The Tribunal is satisfied the applicant was notified of the decision in accordance with the statutory requirements.

4. By letter dated 19 April 2024 (dispatched by email), the Tribunal wrote to the applicant and advised it appeared the review application was not valid. That was because the time limit for lodging the review was 7 working days from the day on which they were taken to have been notified of the primary decision. The primary decision was emailed to the applicant on 29 February 2024 and, on the basis that 29 February 2024 was the date on which they were taken to have been notified, the last day for lodging the application for review was 12 March 2024. As the application was not received by post until 15 March 2024, it appeared to be out of time. Furthermore, the required application fee for a migration review was not paid.

5. The applicant was invited to comment in writing by 3 May 2024. However, at the time and date of this decision, no material comment had been lodged.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 29 February 2024: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 12 March 2024.

7. As the application for review was not received by the Tribunal until 15 March 2024 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

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

   Mr S Norman
   Member