Kityanuruk (Migration)

[2020] AATA 1431

Kityanuruk (Migration) [2020] AATA 1431 (20 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Nonpavit Kityanuruk

CASE NUMBER:  2000445

DIBP REFERENCE(S):  PNJ

MEMBER:Mark O'Loughlin

DATE:20 April 2020

PLACE OF DECISION:  Adelaide

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

I, Member M. O’Loughlin certify that this is the Tribunal’s    

statement of decision and reasons

Statement made on  20 April 2020 at  12.10 pm.

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review received one day out of time after Christmas/New Year period – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 65, 347(1)(b), 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 18 December 2019 to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 9 January 2020. 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 18 December 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 18 December 2019: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 8 January 2020.

5. As the application for review was not received by the Tribunal until 9 January 2020 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.

   Mark O'Loughlin
   Member