KIM (Migration)

[2018] AATA 828

KIM (Migration) [2018] AATA 828 (19 March 2018)

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DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Youngsu Kim

CASE NUMBER:  1806673

DIBP REFERENCE(S):  ADF2018/208

MEMBER:Helena Claringbold

DATE:19 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 19 March 2018 at 7:36am

CATCHWORDS

Migration – Bridging E (Class WE) visa – Subclass 050 (Bridging (General)) – Application for review lodged outside of relevant timeframe

LEGISLATION

Migration Act 1958, ss 65, 347(1)(b), 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 8 March 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 13 March 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 2 working 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 8 March 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements. 

4. On 14 March 2018, the Tribunal wrote to the review applicant and put to him that it appeared his application was not a valid application as it was not lodged within the relevant time frame.  The review applicant was invited to make comment about the validity of the application for review with comment to be with the Tribunal by 16 March 2018.  At the time of this decision, the applicant had not provided any further information to the Tribunal.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 8 March 2018 in accordance with s.494C of the Act. Therefore the prescribed period to apply for review ended on 12 March 2018.

6. As the application for review was not received by the Tribunal until 13 March 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

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

   Helena Claringbold
   Member