PILLAY (Migration)

[2018] AATA 1947

PILLAY (Migration) [2018] AATA 1947 (2 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  SHARMLA PILLAY

CASE NUMBER:  1807497

DIBP REFERENCE(S):  BCC2018/800193

MEMBER:Lilly Mojsin

DATE:2 May 2018

PLACE OF DECISION:  Sydney

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

Statement made on 02 May 2018 at 3:02pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Applicant not in the migration zone at time of application

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29

Migration Act 1958, ss 65, 338, 347, 411, 412

Migration Regulations 1994, r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application for a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act) was lodged by the applicant on 19 February 2018. A review of a decision of a delegate of the Minister for Immigration, dated 2 March 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 was lodged with the Tribunal on 20 March 2018.

3. On the 11 April 2018 the Tribunal wrote to the applicant advising that it appeared that her application was not a valid application as she had lodged her visa application on 19 February 2018 and she was not in the migration zone at that time. No response was received.

4. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (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. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse or cancel visas and a range of sponsorship and nomination decisions but not an application for a Student (Temporary) (Class TU) visa made by the non-citizen whilst not in the migration zone.

5. The Department’s movement records show the applicant departed Australia on 18 February 2018 and returned to Australia on 21 February 2018. The Tribunal finds that the applicant was not in the migration zone at the relevant time, ie time of application for the visa on 19 February 2018.

6. As the applicant was not in the migration zone at the time of the application for the visa, the decision is not a reviewable decision pursuant to Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 and it follows the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Lilly Mojsin
   Member