Minhas (Migration)

[2019] AATA 3728

Minhas (Migration) [2019] AATA 3728 (29 May 2019)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Miss Sundus Rashid Minhas

CASE NUMBER:  1908580

DIBP REFERENCE(S):  BCC20181020443

MEMBER:  Sheridan Lee

DATE:  29 May 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 29 May 2019 at 3:17pm

CATCHWORDS

MIGRATION – Skilled Regional Sponsored (Provisional) visa – Subclass 489 Skilled - Regional (Provisional) – incorrect applicant – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 338, 347

STATEMENT OF DECISION AND REASONS APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 20 March 2019, to refuse to grant a Skilled Regional Sponsored (Provisional) visa under s.65 of the Migration Act 1958 (the Act). This decision is reviewable under s.338(9) of the Act.

1. The review application was lodged with the Tribunal on 8 April 2019. The visa applicant was not in Australia at the time of the primary visa application, nor the time of the review application. For the following reasons, the Tribunal has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

1. Section 347(2) of the Act specifies who has the right to apply for review of a decision that is reviewable under Part 5 of the Act. In the case of a decision described in s.338(9), an application for review of a decision to refuse to grant a Subclass 489 visa to a non-citizen that is outside Australia at the time of application can be lodged by the sponsoring or nominating employer.

1. On 9 April 2019, the Tribunal wrote to the applicant advising her that her sponsoring or nominating employer may have standing to apply for a review of the decision in respect of her visa application. The letter asked the applicant if she would like to make an amendment to her application and attached the relevant forms. On 24 April 2019, the Tribunal received a response from the applicant, acknowledging that she had made an invalid application and advising that her nominating employer would not be applying for review.

1. As the decision that is the subject of the review application is a decision covered by s.338(9), the application for review could only be made by sponsor or nominator. In the present case, the review application was made by the visa applicant. As such, the application for review is not an application properly made under s.347 and it follows that the Tribunal does not have jurisdiction in this matter.

DECISION

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

Sheridan Lee Member

Case Number 1908580  Page 2 of 2