Sirpali (Migration)

[2023] AATA 77

Sirpali (Migration) [2023] AATA 77 (9 January 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Meena Sirpali
Mr Tulendra Sunchauri

CASE NUMBER:  2211877

HOME AFFAIRS REFERENCE(S):          BCC20201837876

MEMBER:Brendan Darcy

DATE:9 January 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 09 January 2023 at 9:36pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review made more than 21 days after notification of visa refusal decision – no substantive response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347(1)(b), 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 Home Affairs on 18 July 2022 to refuse to grant Student (Temporary) (Class TU) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 16 August 2022. 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. On 5 September 2022, the Tribunal emailed the applciants to invite comment on the validity of the application for review, and to do so by 19 September 2022. On 19 September 2022, one of the applciants sought an extension of time (specially a month) to gather then lodge all the relevant material as part of their response to the invitation to comment. The applicants were granted an extension of time until 4 October 2022 by which to provide information.

4. The Tribunal did not receive any further requests for extensions of time or comments, either from the applicants or on behalf of the applicants, right up to the time of making this decision.

5. The material before the Tribunal indicates that the applicants were notified of the decision by letter dated 18 July 2022 and dispatched by email. The Tribunal is satisfied that the applicants were notified of the decision in accordance with the statutory requirements.

6. The Tribunal finds that the applicants are taken to have been notified of the decision on 18 July 2022: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 8 August 2022.

7. As the application for review was not received by the Tribunal until 16 August 2022 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

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

   Brendan Darcy
   Member