LAW (Migration)

[2018] AATA 4405

LAW (Migration) [2018] AATA 4405 (24 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr KOK ONN LAW

CASE NUMBER:  1828620

DIBP REFERENCE(S):  

MEMBER:Gabrielle Cullen

DATE:24 October 2018

PLACE OF DECISION:  Sydney

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

Statement made on 24 October 2018 at 12:05pm

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 Immigration on 4 September 2018 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 30 September 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 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 4 September 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 5 Octobers 2018 the Tribunal wrote to the applicant a letter to the email address outlined for correspondence in the applicant’s application for review form, advising that the applicant lodged his review application on 30 September 2018 and that the last day for lodging the application for review was 25 September 2018. The letter indicated that the application appears to be out of time but invited the applicant to make comments as to whether a valid application has been made. The applicant was requested to respond by 19 October 2018. No response was received.

5. On 17 October 2018 the applicant advised that his application was lodged late as he did not have the money to pay at the time as he had borrowed money to his roommate who had not paid it back. He indicated that he wants to study in Australia.

6. The Tribunal has considered the applicant’s response but finds that the application for review was not made within time.

7. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 4 September 2018. Therefore the prescribed period within which the review application could be made ended on 25 September 2018. As the application for review was not received by the Tribunal until 30 September 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

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

   Gabrielle Cullen
   Member