Singh (Migration)

[2019] AATA 4043

Singh (Migration) [2019] AATA 4043 (20 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Satnam Singh

CASE NUMBER:  1900734

DIBP REFERENCE(S):  PNJ

MEMBER:Stephen Conwell

DATE:20 March 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 20 March 2019 at 2:22pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review lodged out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347, 494C
Migration Regulations 1994 (Cth), 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 Immigration on 17 December 2018 to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 10 January 2019. 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 17 December 2018 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 on 11 January 2019 inviting him to comment upon its preliminary view that the application was not valid given it had not been lodged within 21 days of the notification of the primary decision. It was stated that the application appeared out of time. The letter indicated the Tribunal required a response by 25 January 2019. No response was received.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 17 December 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 7 January 2019.

6. As the application for review was not received by the Tribunal until 10 January 2019 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.

   Stephen Conwell
   Member