Navarro (Migration)

[2023] AATA 2620

Navarro (Migration) [2023] AATA 2620 (8 August 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Dean Febrino Estrebor Navarro

CASE NUMBER:  2307628

HOME AFFAIRS REFERENCE(S):          BCC20232315598

MEMBER:Member Nathan Goetz

DATE:8 August 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 08 August 2023 at 11:02am

CATCHWORDS
MIGRATION – Transit (Temporary) (Class TX) visa – Subclass 771 (Transit) – refusal of this subclass visa not specified as reviewable decision – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 338, 347
Migration Regulations 1994 (Cth), r 4.02(4)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made under s 65 of the Migration Act 1958 (Cth) (the Act) by a delegate of the Minister refusing to grant the applicant a Transit (subclass 771) visa.

   BACKGROUND

2. The applicant identifies as male citizen of the Philippines presently located in New Zealand where he is a visitor.

3. On 14 April 2023 the applicant applied for the visa. On 31 May 2023 the delegate refused to grant the applicant the visa. The notification letter accompanying the decision record advised the applicant that there was no right of merits review for the decision.

4. On 31 May 2023 the applicant applied to the Tribunal for review of the decision.

5. On 5 June 2023 the Tribunal wrote to the applicant and invited him to comment on the validity of the review application, noting that a decision to refuse to grant a Transit (subclass 771) visa was not a decision that the Tribunal could review. The applicant was invited to comment on the validity of his review by 19 June 2023. The applicant did not respond to the Tribunal’s letter.

   FINDINGS AND REASONS

6. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

7. The Tribunal has jurisdiction to review a decision under the 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 (Cth).

8. Sections 338 and 411 of the Act and reg 4.02(4) of the Migration Regulations 1994 (Cth) set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse or cancel visas and a range of sponsorship and nomination decisions but not a decision to refuse to grant a Transit (subclass 771) visa.

9. As the delegate’s decision is not reviewable under Parts 5 or 7 of the Act it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

    Nathan Goetz
    Member