Patino Ramos (Migration)

[2018] AATA 621

Patino Ramos (Migration) [2018] AATA 621 (14 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Deisy Lizbeth Patino Ramos

CASE NUMBER:  1803725

DIBP REFERENCE(S):  BCC2017/4641982

MEMBER:Jennifer Cripps Watts

DATE:14 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 14 March 2018 at 3:37pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 – Applicant did not pay the Tribunal’s fees – Application withdrawn

LEGISLATION

Migration Act 1958, ss 65, 347
Migration Regulations 1994, rr 4.10, 4.13

CASES

Braganza v MIMA (2001) 109 FCR 364
Kirk v MIMA (1998) 87 FCR 99

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, dated 9 February 2018, to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application form was lodged with the Tribunal on 12 February 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Pursuant to s.347(1) of the Act and r.4.13 of the Migration Regulations 1994, this application had to be given to the Tribunal within the prescribed period, as specified in s.347(1)(b) and r.4.10, and accompanied by the prescribed fee unless a determination has been made under r.4.13(4) that the fee should be reduced on the basis of financial hardship. The prescribed period is set out in r.4.10 of the Regulations and starts when the applicant is notified of the decision. In the present case, the prescribed period ended on 2 March 2018. The fee must be paid within the prescribed period: Kirk v MIMA (1998) 87 FCR 99, or if a determination has been made under r.4.13(4), within a reasonable period after that determination: Braganza v MIMA (2001) 109 FCR 364.

4. The applicant’s subclass 500 student visa was refused by the delegate on 9 February 2018.  She applied to the Tribunal for review on 12 February 2018, within time.  The applicant did not pay the full fee and the Tribunal was not satisfied she had made a valid application for that reason.  The Tribunal sent the applicant a Natural Justice letter stating that it appeared she had not lodged a valid application and inviting her to comment on whether a valid application has been made, no later than 9 March 2018.

5. The applicant has provided the Tribunal with a withdrawal form, signed and dated 19 February 2018.  A withdrawal can be made by an applicant only once a valid application is lodged.  As the Tribunal has made a finding that the applicant has not lodged a valid application, the withdrawal form is not a relevant matter for the Tribunal.

   DECISION

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

   Jennifer Cripps Watts
   Member