Justin (Migration)

[2018] AATA 826

Justin (Migration) [2018] AATA 826 (20 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Muhammad malaysius Justin

CASE NUMBER:  1804952

DIBP REFERENCE(S):  CLF2018/8339 PNJ

MEMBER:Justin Meyer

DATE:20 March 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 20 March 2018 at 3:17pm

CATCHWORDS

Migration – Bridging E (Class WE) visa – Subclass 050 (Bridging (General)) – Application made outside of required timeframe

LEGISLATION

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

Migration Regulations 1994, 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 25 January 2018 to refuse to grant a Bridging E (Class WE) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 24 February 2018. 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 29 January 2018 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 the applicant is taken to have been notified of the decision on 29 January 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 19 February 2018.

5. As the application for review was not received by the Tribunal until 24 February 2018 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

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

   Justin Meyer
   Member