KIM (Migration)

[2017] AATA 2795

KIM (Migration) [2017] AATA 2795 (11 December 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Donghoon KIM

CASE NUMBER:  1726290

DIBP REFERENCE(S):  BCC2017/2973085

MEMBER:Tania Flood

DATE:11 December 2017

PLACE OF DECISION:  Sydney

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

Statement made on 11 December 2017 at 1:09pm

CATCHWORDS

Migration – No jurisdiction - Medical Treatment (Visitor) (Class UB) visa – Subclass 602 (Medical Treatment) - Application for review received out of time – Invitation to comment – No response

LEGISLATION

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

Migration Regulations 1994, Schedule 2, r 4.10

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 3 October 2017, to refuse to grant a Medical Treatment (Visitor) (Class UB) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 26 October 2017. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. 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.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 3 October 2017 and dispatched by email to the email address advised by the applicant. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. On 22 November 2017 the Tribunal wrote to the applicant advising him that his application appears not to be valid as it was not lodged within the relevant time limit.  The Tribunal invited the applicant to make any comments on whether a valid application has been made in writing by 6 December 2017.  The Tribunal received no response to this letter.

6. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 3 October 2017. Therefore the prescribed period within which the review application could be made ended on 24 October 2017. As the application for review was not received by the Tribunal until 26 October 2017 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.

   Tania Flood
   Member