Jungsanguansit (Migration)

[2020] AATA 2502

Jungsanguansit (Migration) [2020] AATA 2502 (26 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Thananon Jungsanguansit

CASE NUMBER:  2000748

DIBP REFERENCE(S):  BCC2019/6441205

MEMBER:Hugh Sanderson

DATE:26 May 2020

PLACE OF DECISION:  Sydney

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

Statement made on 26 May 2020 at 9:20am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – applicant left Australia – not in migration zone – No jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 338, 347

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 9 January 2020, to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). This decision is reviewable under s.338(2) of the Act.

2. The review application was lodged with the Tribunal on 16 January 2020. For the following reasons, the Tribunal has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Section 347(2) of the Act specifies who has the right to apply for review of a decision that is reviewable under Part 5 of the Act. In the case of a decision described in s.338(2), an application for review may only be made by the non-citizen who is the subject of the decision and is physically present in the migration zone when the application for review is made: s.347(2)(a) and (3). ‘Migration zone’ is defined in s.5(1) of the Act and generally speaking means the Australian States and Territories.

4. The applicant’s movement records showed that he left Australia on 3 January 2020 and had not returned to Australia at the time the application for a review of the Department’s decision was filed. The Tribunal wrote to the applicant on 28 January 2020 inviting him to comment on this issue. The applicant’s agent wrote to the Tribunal on 10 February 2020 stating that as the applicant had left the country on 9 February 2020 he wished to withdraw his application.

5. The Department’s movement records show the applicant departed Australia on 3 January 2020 and was not in Australia at the time the review application was filed. The Tribunal finds that the applicant was not in the migration zone at the relevant time. As such, the application for review is not an application properly made under s.347 and it follows that the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Hugh Sanderson
   Member