Jahan (Migration)

[2021] AATA 2217

Jahan (Migration) [2021] AATA 2217 (16 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Israt Jahan

CASE NUMBER:  2014034

DIBP REFERENCE(S):  BCC2020/1690107

MEMBER:Bridget Cullen

DATE:16 June 2021

PLACE OF DECISION:  Brisbane

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

Statement made on 16 June 2021 at 11.28am

CATCHWORDS

MIGRATION – cancellation – Employer Nomination (Permanent) visa (Class EN) – Subclass 186 (Employer Nomination Scheme) – secondary applicant’s visa cancelled automatically by operation of law – no reviewable decision – application not properly made – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 140(1), 338, 347, 411, 412

Migration Regulations 1994 (Cth), r 4.02(4)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 16 September 2020 for review of a decision to cancel the applicant’s Class EN (Employer Nomination (Permanent)) visa. 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 cancel visas, but the cancellation of a visa under s.140(1) operates automatically by operation of law and does not involve any decision.

3. 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

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

   Bridget Cullen
   Member