JEONG, Deok Soo (Migration)

[2021] AATA 2834

JEONG, Deok Soo (Migration) [2021] AATA 2834 (28 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  JEONG, Deok Soo

CASE NUMBER:  2102465

DIBP REFERENCE(S):  BCC2020/1959828 BCC20201959828

MEMBER:Mary Sheargold

DATE:28 June 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 28 June 2021 at 10:19am

CATCHWORDS

MIGRATION – Subclass 482 visa – application was lodged out of time – no jurisdiction

LEGISLATION

Migration Act 1958, s 494C(5)

Migration Regulations 1994, r 4.10

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 5 February 2021, to refuse to approve a nomination application for a Subclass 482 visa under the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 1 March 2021. 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 5 February 2021 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 9 June 2021, the Tribunal wrote to the applicant inviting comments in writing on the validity of the application for review.  Specifically, the letter noted that the time limit to apply to the Tribunal for review of a decision to refuse to approve a nomination is 21 days, that the applicant was taken to have been notified on 5 February 2021, and so the last day to lodge an application for review was 26 February 2021, but that the application was not received until 1 March 2021.  Comments were invited by 23 June 2021.  As at the date of this decision, no comments have been received.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 5 February 2021: s.494C(5) of the Act.  Therefore, the prescribed period to apply for review ended on 26 February 2021.

6. As the application for review was not received by the Tribunal until 1 March 2021 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.

   Mary Sheargold
   Member