Panuganty (Migration)

[2023] AATA 3169

Panuganty (Migration) [2023] AATA 3169 (5 July 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sai Prashanth Goud Panuganty

CASE NUMBER:  2304348

HOME AFFAIRS REFERENCE(S):          BCC2022/2671824 PNJ BCC2022/2671824

MEMBER:Namoi Dougall

DATE:5 July 2023

PLACE OF DECISION:  Sydney

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

Statement made on 05 July 2023 at 9:57am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – application for review lodged out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347, 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 Home Affairs on 23 February 2023 to refuse to grant a Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 27 March 2023. 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 reg 4.10 of the Migration Regulations 1994 (Cth) (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 23 February 2023 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 28 March 2023, the Tribunal sent to the applicant a natural justice letter advising him of the above and that the last day for lodging a review application was 16 March 2023 and his application was lodged on 27 March 2023.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 23 February 2023 :s 494C of the Act. Therefore, the prescribed period to apply for review ended on 16 March 2023.

6. As the application for review was not received by the Tribunal until 27 March 2023 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.

   Namoi Dougall
   Member