Shen (Migration)

[2018] AATA 1335

Shen (Migration) [2018] AATA 1335 (5 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Siqing Shen
Ms Yijun Lu

CASE NUMBER:  1804811

DIBP REFERENCE(S):  BCC2017/2178263

MEMBER:Mr S Norman

DATE:5 April 2018

PLACE OF DECISION:  Sydney

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

Statement made on 05 April 2018 at 10:30am

CATCHWORDS
Migration – Employer Nomination (Permanent) visa – Subclass 186 Employer Nomination Scheme – Review application lodged out of time

LEGISLATION
Migration Act 1958, ss 65, 347, 494C
Migration Regulations 1994, r 4.10, Schedule 2

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 1 February 2018 to refuse to grant Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 23 February 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 1 February 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. By letter dated 19 March 2018 (dispatched by email to the authorised recipient), the Tribunal advised the applicant it appeared his merits review application was not lodged within the relevant timeframe. The applicant was asked to comment in writing by 3 April 2018. No response was received at the time and date of this decision.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 1 February 2018 (see s.494C of the Act). Therefore the prescribed period to apply for review ended on 22 February 2018.

6. As the application for review was not received by the Tribunal until 23 February 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

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

   Mr S Norman
   Member