Pham (Migration)

[2019] AATA 1788

Pham (Migration) [2019] AATA 1788 (25 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Trung Pham

CASE NUMBER:  1904170

DIBP REFERENCE(S):  BCC2018/1678246

MEMBER:Tania Flood

DATE:25 March 2019

PLACE OF DECISION:  Sydney

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

Statement made on 25 March 2019 at 1:54pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – applicant was notified of the decision in accordance with the statutory requirements – application was lodged outside of the relevant prescribed period– no jurisdiction

LEGISLATION

Migration Act 1958, ss 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 23 August 2018 to cancel the applicant’s Student (Temporary) (Class TU) visa under the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 25 February 2019. 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 7 working 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 August 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 1 March 2019 the Tribunal wrote to the applicant advising him that his application for review appears not to be a valid application as it was not lodged within the relevant time limit.  The Tribunal invited the applicant to make any comments on whether a valid application has been made in writing by 15 March 2019.  The applicant did not respond to the Tribunal’s invitation.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 23 August 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 3 September 2018.

6. As the application for review was not received by the Tribunal until 25 February 2019 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.

   Tania Flood
   Member