Rani (Migration)

[2022] AATA 4961

Rani (Migration) [2022] AATA 4961 (9 August 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Usha Rani

REPRESENTATIVE:  Mr Amrit Pal Jagota (MARN: 0532014)

CASE NUMBER:  2207104

HOME AFFAIRS REFERENCE(S):          BCC2020/2541775

MEMBER:Nora Lamont

DATE:9 August 2022

PLACE OF DECISION:  Brisbane

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

Statement made on 09 August 2022 at 7:36am

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – review application lodged out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347, 494C
Migration Regulations 1994 (Cth), 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 Home Affairs on 25 February 2022 to refuse to grant a Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 16 May 2022. 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 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.

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 25 February 2022 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal received documentation from the applicant’s representative outlining how the applicant and her family have been going through a bad time as the applicant’s daughter was pregnant and the baby had health issues, thus they pushed the email aside instead of lodging the review at the appropriate time. They also included a letter from a physician about the baby. Whilst the Tribunal sympathises with the family the Tribunal does not have any jurisdiction in this case.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 25 February 2022: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 18 March 2022.

6. As the application for review was not received by the Tribunal until 16 May 2022 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.

   Nora Lamont
   Member