Lee (Migration)

[2018] AATA 819

Lee (Migration) [2018] AATA 819 (6 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Soon Young Lee

CASE NUMBER:  1802324

DIBP REFERENCE(S):  BCC2018/13042 BCC2018/51459

MEMBER:Mr S Norman

DATE:6 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 06 March 2018 at 4:10pm 

CATCHWORDS

Migration – Training (Class GF) visa – Subclass 407 (Training) – No reviewable decision before the Tribunal

LEGISLATION

Migration Act 1958, ss 140E, 140G, 140GB, 338, 347, 411, 412

Migration Regulations 1994, r 4.02(4)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 30 January 2018 for review of a Class GF (Subclass 407 -- Training) 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. By letter of 16 February 2018 (emailed to the applicant’s authorised recipient), the Tribunal advised the applicant that it appeared his merits review application was invalid because at the time the review application was lodged the applicant was not identified in a nomination under s.140G of the Act. Further, nor was there a pending application for review before the Tribunal of either a decision not to approve the sponsor under s.140E, or a decision not to approve the nomination under s.140GB of the Act. The applicant was requested to respond in writing by 2 March 2018. No response has been received.

4. 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

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

   Mr S Norman
   Member