QUAN (Migration)

[2018] AATA 5005

QUAN (Migration) [2018] AATA 5005 (27 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr XIN QUAN
Ms FEI SONG

CASE NUMBER:  1811638

DIBP REFERENCE(S):  BCC2018/838978

MEMBER:Kate Millar

DATE:27 June 2018

PLACE OF DECISION:  Adelaide

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

Statement made on 27 June 2018 at 3:02pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visas – Subclass 485 (Temporary Graduate) – review application out of time – no jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 347, 494B
Migration Regulations 1994, r 4.10

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to s378 of the Migration Act 1958 and replaced with generic information.

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 21 March 2018 to refuse to grant Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 24 April 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. 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 s.347(1)(b) of the Act.

3. The material before the Tribunal shows that the applicant was notified of the decision by letter dated 21 March 2018 and dispatched by email to [email address].  This is the address for communication provided in the visa application dated 21 February 2018.  As a result, Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal finds that the applicant is taken to have been notified of the decision on 21 March 2018 in accordance with s.494B of the Act. Therefore the prescribed period to apply for review ended at the end of 11 April 2018.

5. As the application for review was not received by the Tribunal until 24 April 2018 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

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

   Kate Millar
   Member