Kaur (Migration)

[2020] AATA 4636

Kaur (Migration) [2020] AATA 4636 (13 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Prabhjeet Kaur
Mr Kulbir Singh

CASE NUMBER:  1917420

DIBP REFERENCE(S):  BCC2019/1460344

MEMBER:Tim Connellan

DATE:13 April 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 13 April 2020 at 1:19pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review made more than 21 days after notification of refusal – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347, 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 3 June 2019 to refuse to grant Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 1 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 3 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 finds that the applicant is taken to have been notified of the decision on 3 June 2019: s.494C of the Act, therefore the prescribed period to apply for review ended on 24 June 2019.

5. As the application for review was not received by the Tribunal until 1 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

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

   Tim Connellan
   Member