Sharma (Migration)

[2023] AATA 2707

Sharma (Migration) [2023] AATA 2707 (18 July 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Hawinder Sharma

CASE NUMBER:  2306018

HOME AFFAIRS REFERENCE(S):          BCC2023/887925

MEMBER:Peter Papadopoulos

DATE:18 July 2023

PLACE OF DECISION:  Sydney

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

Statement made on 18 July 2023 at 2:14pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – review application was lodged was not lodged within the relevant time limit – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 347,494C(5)

Migration Regulations 1994, 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 28 March 2023 to cancel the applicant’s Student (Temporary) (Class TU) visa under the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 1 May 2023. 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 7 working 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 28 March 2023 and dispatched by email on 28 March 2023. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 4 May 2023, the Tribunal wrote to the applicant explaining that appears that his application was not a valid application as it was not lodged within the relevant time limit.

5. The applicant was invited to comment on this information, in writing, by 19 May 2023.

6. On 15 May 2023, the applicant responded to the Tribunal’s invitation to comment by stating that as a result of the shock of his visa cancellation he had lost sleep and became sick. He claims to have no close friends or family in Australia who could assist him and was late to apply to the Tribunal as he was unaware of the process.

7. The Tribunal finds that the applicant is taken to have been notified of the decision on 28 March 2023: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 6 April 2023.

8. The application for review was not received by the Tribunal until 1 May 2023. 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

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

   Peter Papadopoulos
   Member