Moahmed Saleem (Migration)

[2020] AATA 1879

Moahmed Saleem (Migration) [2020] AATA 1879 (13 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Safras Hassan Moahmed Saleem
Mrs Azana Farwin Aroos Mohammed

CASE NUMBER:  2005863

DIBP REFERENCE(S):  BCC 2019/6344324

MEMBER:Kira Raif

DATE:13 May 2020

PLACE OF DECISION:  Sydney

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

Statement made on 13 May 2020 at 5:43pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review lodged out of time – applicant injured at work – no discretion to extend period – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 65, 347(1)(b), 494C

Migration Regulations 1994 (Cth), 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 26 February 2020 to refuse to grant Student (Temporary) (Class TU) visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 23 March 2020. 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 26 February 2020 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 26 February 2020: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 18 March 2020.

5. In his submission to the Tribunal the applicant explains that he was injured at work and could not make an application earlier. The Tribunal accepts the applicant’s evidence but has no discretion to extend the period in which an application can be made.

6. As the application for review was not received by the Tribunal until 23 March 2020 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

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

   Kira Raif
   Senior Member