Inggoi (Migration)

[2020] AATA 2784

Inggoi (Migration) [2020] AATA 2784 (1 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Haida Inggoi

CASE NUMBER:  2002503

DIBP REFERENCE(S):  BCC2017/3154616 PNJ

MEMBER:Ann Duffield

DATE:1 May 2020

PLACE OF DECISION:  Brisbane

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

Statement made on 01 May 2020 at 1:29pm

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – application for review lodged out of time – no jurisdiction

LEGISLATION
Migration Act 1958, ss 347(1)(b), 494C
Migration Regulations 1994, Schedule 2 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 January 2020 to refuse to grant a Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 10 February 2020. 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 January 2020 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 on 24 February 2020 seeking her response to the Tribunal’s assessment that her application appeared to have been lodged outside the statutory timeframes and was therefore invalid. The applicant did not respond.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 8 January 2020: s.494C of the Act. Therefore the prescribed period to apply for review ended on 29 January 2020.

6. As the application for review was not received by the Tribunal until 10 February 2020 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.

   Ann Duffield
   Senior Member