Sim (Migration)

[2020] AATA 5263

Sim (Migration) [2020] AATA 5263 (2 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Choon Siew Sim

CASE NUMBER:  2013696

DIBP REFERENCE(S):  BCC2019/4130109

MEMBER:Alan McMurran

DATE:2 October 2020

PLACE OF DECISION:  Sydney

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

Statement made on 02 October 2020 at 3:07pm

CATCHWORDS

MIGRATION – Bridging A (Class WA) visa – Subclass 010 (Bridging A) – no Tribunal-reviewable decision – no jurisdiction

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994, r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 7 September 2020 for review. The decision for review was said to be a “visa expired”, by decision made 7 September 2020. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse or cancel visas and a range of sponsorship and nomination decisions but not a decision where a visa has “expired”.

3. The Tribunal has had regard to the departmental information available electronically. This information shows that at the time of lodgement, the applicant had a current Bridging visa Subclass WA–010. A tribunal officer contacted the review applicant on 8 September 2020 and was informed that the application for review was in respect of a bridging visa, due to expire on 11 September 2020. The application was unrelated to another Tribunal file (1930510), finalised on 6 August 2020 affirming a refusal of a Subclass TU 500 visa. The officer informed the applicant the Tribunal may not have jurisdiction, as no decision had been made in respect of the Bridging visa, and there was no decision to review.

4. On 10 September 2020, the Tribunal sent a natural justice letter to the applicant which advised in part:

   “It appears that there is no adverse decision made in relation to the WA-010 bridging visa you are seeking to be reviewed therefore there appears to be no decision to be reviewed by the Tribunal.”

5. The Tribunal letter requested the applicant to reply with any comments on whether the application was valid and in writing by 24 September 2020. The Tribunal did not receive any response to the letter. The Department’s record confirms that it was unable to locate any decision made concerning the issued BVA.

6. The Tribunal has considered this information and finds that there is no decision made in respect of the requested review of the Bridging visa. Consequently, the Tribunal finds there is no decision for it to review following the application.

7. As there is no decision to review under Parts 5 or 7 of the Act it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Alan McMurran
   Member