Khadka (Migration)

[2022] AATA 4473

Khadka (Migration) [2022] AATA 4473 (10 November 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Pramod Khadka

CASE NUMBER:  2209979

HOME AFFAIRS REFERENCE(S):          BCC2020/2796871

MEMBER:Jessica Henderson

DATE:10 November 2022

PLACE OF DECISION:  Perth

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

Statement made on 10 November 2022 at 5:00pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – review application out of time – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 347, 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 Home Affairs on 14 June 2022 to refuse to grant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 8 July 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 14 June 2022 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 wrote to the applicant on 22 July 2022 setting out the preliminary view that the application is not a valid application as it was not lodged within the relevant time limit.  The Tribunal invited the applicant’s comment before 5 August 2022.  The Tribunal did not receive any response.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 14 June 2022: s 494C of the Act. Therefore the prescribed period to apply for review ended on 5 July 2022.

6. As the application for review was not received by the Tribunal until 8 July 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

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

   Jessica Henderson
   Member