Sharma (Migration)

[2022] AATA 444

Sharma (Migration) [2022] AATA 444 (28 February 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Manorma Sharma

REPRESENTATIVE:  Mrs Jiwanpreet Jiwanpreet (MARN: 1686571)

CASE NUMBER:  2117177

HOME AFFAIRS REFERENCE(S):          BCC20201927008 PNJ

MEMBER:Sean Baker

DATE:28 February 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 28 February 2022 at 12:25pm

CATCHWORDS

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

LEGISLATION

Migration Act 1958, ss 65, 347, 494C
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 27 October 2021 to refuse to grant a Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 22 November 2021. 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 27 October 2021 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 wrote to the applicant seeking her views on the apparent lack of jurisdiction. The applicant has not responded, nor has she made contact with the Tribunal.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 27 October 2021: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 17 November 2021.

6. As the application for review was not received by the Tribunal until 22 November 2021 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.

   Sean Baker
   Member