Jayakody (Migration)

[2020] AATA 1567

Jayakody (Migration) [2020] AATA 1567 (27 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Cassendra Prashanthi Therese Jayakody

CASE NUMBER:  1919175

DIBP REFERENCE(S):  BCC2019/1580234

MEMBER:Ann Duffield

DATE:27 April 2020

PLACE OF DECISION:  Brisbane

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

Statement made on 27 April 2020 at 1:58pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review lodged out of time – applicant’s misunderstanding of time allowed – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 65, 347(1)(b), 494C

Migration Regulations 1994 (Cth), 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 17 June 2019 to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 16 July 2019. 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 17 June 2019 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 6 April 2020 seeking her comments on the Tribunal’s assessment that her application was made outside the statutory timeframes and was therefore invalid. The applicant responded on 14 April 2020 stating that she thought she had 31 days to lodge the review and not just 28.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 17 June 2019: s.494C of the Act. Therefore the prescribed period to apply for review ended on 8 July 2019.

6. As the application for review was not received by the Tribunal until 16 July 2019 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