Perumal (Migration)

[2022] AATA 3555

Perumal (Migration) [2022] AATA 3555 (12 October 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Thanabal Perumal

CASE NUMBER:  2209520

HOME AFFAIRS REFERENCE(S):          BCC2022/2433572 PNJ

MEMBER:Mr S Norman

DATE:12 October 2022

PLACE OF DECISION:  Sydney

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

Statement made on 12 October 2022 at 11:49am

CATCHWORDS
MIGRATION – Electronic Travel Authority (Class UD) visa – Subclass 601 (Electronic Travel Authority) – not a reviewable decision as defined – no right of merits review – no jurisdiction

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

statement of decision and reasons

application for review

1. An application was made to the Tribunal on 30 June 2022 for review of a refusal to grant an Electronic Travel Authority (Class UD) visa. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (Cth) (the Act) 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). 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.

3. In the present case, the (offshore) applicant applied for the visa and same was refused by the Department delegate on 29 June 2022. In the Department notification letter, the applicant was advised ‘there is no right of merits review for this decision’. The Tribunal notes that is because (as relevant to this case) this visa does not fall within the definition of a Part 5 reviewable decision (as explained in s.338 of the Act).

4. By letter of 12 July 2022 (dispatched by email), the Tribunal wrote to the applicant and advised his review application was not valid as a decision to review a 601 Electronic Travel Authority visa refusal was not a decision which can be reviewed by the Tribunal. The applicant was invited to comment in writing by 26 July 2022.

5. By email of 18 July 2022, the applicant advised the Tribunal that he ‘acknowledged that the decision to refuse to grant an ETA visa cannot be reviewed’.

6. Therefore, and 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

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

   Mr S Norman
   Member