Qas Younan (Migration)

[2019] AATA 4150

Qas Younan (Migration) [2019] AATA 4150 (1 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Nabil Badri Hermiz Qas Younan

CASE NUMBER:  1903355

DIBP REFERENCE(S):  BCC2018/5536377

MEMBER:Tania Flood

DATE:1 October 2019

PLACE OF DECISION:  Sydney

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

Statement made on 01 October 2019 at 4:11pm

CATCHWORDS

MIGRATION – refusal – Visitor (Class FA) visa – application made by visa holder, not sponsor or nominator – application fee not paid – no response to Tribunal communication – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 338, 347

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 4 February 2019, to refuse to grant a Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). This decision is reviewable under s.338(5) of the Act.

2. The review application was lodged with the Tribunal on 14 February 2019. For the following reasons, the Tribunal has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Section 347(2) of the Act specifies who has the right to apply for review of a decision that is reviewable under Part 5 of the Act. In the case of a decision described in s.338(5), an application for review may only be made by the sponsor or nominator referred to in the subsection concerned: s.347(2)(b).

4. On 22 August 2019 the Tribunal wrote to the applicant advising him that his application for review appears not to be a valid application because the person who is entitled to apply for the review of the decision is the sponsor or nominator and whose particulars were included in the visa application. The Tribunal also advised the applicant that the application fee was not paid before the expiry of the time limit for lodging the application. The Tribunal invited the applicant to comment on whether a valid application has been made in writing by 5 September 2019.  The applicant did not respond to the Tribunal’s letter.

5. As the decision that is the subject of the review application is a decision covered by s.338(5), the application for review could only be made by the sponsor referred to in that subsection. In the present case, the review application was made by the visa applicant himself.  As such, the application for review is not an application properly made under s.347 and it follows that the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Tania Flood
   Member