Simpson and Co Painting Pty Ltd (Migration)

[2017] AATA 2845

Simpson and Co Painting Pty Ltd (Migration) [2017] AATA 2845 (14 December 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Simpson and Co Painting Pty Ltd

CASE NUMBER:  1727540

DIBP REFERENCE(S):  BCC2017/2046500

MEMBER:Antonio Dronjic

DATE:14 December 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 14 December 2017 at 10:23am

CATCHWORDS

Migration – Approval of nominated position (employer nomination) – Temporary Residence Transition Stream – Review application out of time

LEGISLATION

Migration Act 1958, ss 338, 347, 494C

Migration Regulations 1994, rr 4.10, 5.19

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 13 October 2017, to the applicant’s application for approval of the nomination of a position in Australia under r.5.19 (Temporary Residence Transition Stream) of the Migration Regulations 1994 (the Regulations). This decision is MRT-reviewable under s.338 (9) of the Act.

2. The review application was lodged with the Tribunal on 7 November 2017. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. 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.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 13 October 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal wrote to the applicant on 14 November 2017 inviting submissions on this issue. On 24 November 2017, Ms Simpson. On behalf of the nominating business, responded to the tribunal letter by stating that she believed that the prescribed period is 21 working days.

6. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 13 October 2017. Therefore the prescribed period within which the review application could be made ended on 3 November 2017. As the application for review was not received by the Tribunal until 7 November 2017 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.

   Antonio Dronjic
   Member