Mc Grory (Migration)

[2018] AATA 3429

Mc Grory (Migration) [2018] AATA 3429 (29 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Barry Stephen Mc Grory

CASE NUMBER:  1822117

DIBP REFERENCE(S):  BCC2016/3915300

MEMBER:Moira Brophy

DATE:29 August 2018

PLACE OF DECISION:  Sydney

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

Statement made on 29 August 2018 at 4:20pm

CATCHWORDS
MIGRATION – Working Holiday (Temporary) (Class TZ) visa – Subclass 417 (Working Holiday) – review application out of time – no jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 347
Migration Regulations 1994, rr 2.55, 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 20 January 2017 to refuse to grant a Working Holiday (Temporary) (Class TZ) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 31 July 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 20 January 2017 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 20 January 2017: r.2.55 of the Regulations. Therefore the prescribed period to apply for review ended on 10 February 2017.

5. As the application for review was not received by the Tribunal until 31 July 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

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

   Moira Brophy
   Member