Safiee (Migration)

[2018] AATA 818

Safiee (Migration) [2018] AATA 818 (23 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Zulkifli Safiee

CASE NUMBER:  1800950

DIBP REFERENCE(S):  BCC2017/4579198 PNJ

MEMBER:Stephen Conwell

DATE:23 March 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 23 March 2018 at 1:59pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) – Subclass 500 – Application for review out of time

LEGISLATION
Migration Act 1958, ss 65,347
Migration Regulations 1994 rr 2.55, 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 19 December 2017 to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 12 January 2018. 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 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 19 December 2017 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 finds that the applicant is taken to have been notified of the decision on 19 December 2017: r.2.55 of the Regulations. Therefore the prescribed period to apply for review ended on 9 January 2018.

5. As the application for review was not received by the Tribunal until 12 January 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.

   Stephen Conwell
   Member