Johnson (Migration)

[2022] AATA 1488

Johnson (Migration) [2022] AATA 1488 (4 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Lillian Mai Johnson

CASE NUMBER:  2200867

HOME AFFAIRS REFERENCE(S):          BCC2021/2171098

MEMBER:Scott Clarey

DATE:4 April 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 4 April 2022 at 12:20pm

CATCHWORDS
MIGRATION – Return (Residence) (Class BB) visa – Subclass 155 (Five Year Resident Return) – application for review made more than 21 days after notification of department’s decision – no response to tribunal’s invitation to comment – 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 Home Affairs on 21 December 2021 to refuse to grant a Return (Residence) (Class BB) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 22 January 2022. 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 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 21 December 2021 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 finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 21 December 2021. Therefore the prescribed period to apply for review ended on 11 January 2022.

5. The material before the Tribunal indicates that the application for review was received by the Tribunal on 22 January 2022.

6. On 15 February 2022 the Tribunal wrote to the applicant to inform her that her application appeared to be out of time and invited her to comment on the validity of her application in writing by 1 March 2022. The Tribunal did not receive a response to its letter.

7. As the application for review was not received by the Tribunal until 22 January 2022 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.

   Scott Clarey
   Member