Nissan (Migration)

[2018] AATA 3619

Nissan (Migration) [2018] AATA 3619 (12 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Shatha Nissan

CASE NUMBER:  1817896

DIBP REFERENCE(S):  BCC2015/3934261

MEMBER:Adrienne Millbank

DATE:12 September 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 12 September 2018 at 11:50am

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – review application out of time – no jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 347, 494C
Migration Regulations 1994, 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 24 May 2018 to refuse to grant a Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 19 June 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 24 May 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. In a letter dated 20 June 2018 and dispatched by email, the applicant was invited to make any comments, in writing, by 4 July 2018, on whether a valid application had been made. No response was received by the Tribunal.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 24 May 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 14 June 2018.

6. As the application for review was not received by the Tribunal until 19 June 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

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

   Adrienne Millbank
   Member