Pham (Migration)

[2024] AATA 3104

Pham (Migration) [2024] AATA 3104 (26 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Thi Hong Phuong Pham

CASE NUMBER:  2408751

HOME AFFAIRS REFERENCE(S):          BCC2023/5589630

MEMBER:Justine Clarke

DATE:26 July 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 26 July 2024 at 4:07pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – review application was not lodged within the relevant time limit – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 347, 494C(5)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. On 19 April 2024, the applicant lodged with the Tribunal an application for the review of a decision of a delegate of the Minister for Home Affairs made on 25 March 2024 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. 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.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 25 March 2024 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. On 3 July 2024, the Tribunal wrote to the applicant to invite her to comment on the validity of the review. The letter requested any comments to be made in writing by 17 July 2024.

6. To date, the Tribunal has not received a response.

7. The Tribunal finds that the applicant is taken to have been notified of the decision on 25 March 2024: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 15 April 2024. As the application for review was not received by the Tribunal until 19 April 2024, 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

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

   Justine Clarke
   Member