Lee (Migration)

[2018] AATA 2956

Lee (Migration) [2018] AATA 2956 (27 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Wang Ting Lee

CASE NUMBER:  1816311

MEMBER:David McCulloch

DATE:27 June 2018

PLACE OF DECISION:  Sydney

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

Statement made on 27 June 2018 at 2:40pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – visa has not been cancelled – no Tribunal-reviewable decision – no jurisdiction

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994, r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 4 June 2018 for review of a decision to cancel the applicant’s TU 500 student visa. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse and cancel visas of various kinds and a range of sponsorship and nomination decisions, but the evidence before the Tribunal indicates that at the time the review application was lodged, no relevant decision had been made.

3. Records indicate that the applicant’s student visa has not been cancelled. Information from the Department indicates that, whilst a notice of intention to cancel the visa has been issued, and asking the applicant for comment, no final decision has been made. The Tribunal wrote to the applicant on 7 June 2018 indicating its view that his student visa has not been cancelled and therefore the Tribunal appeared to have no jurisdiction in relation to the matter. The applicant was asked to provide any comments but did not do so within the timeframe requested or prior to the finalisation of this decision.

4. The Tribunal finds that the visa the cancellation of which review is being sought has not been cancelled as at the date of the application.

5. As no reviewable decision had been made at the time the review application was lodged it follows that the application was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   David McCulloch
   Member