Spice of life authentic indian cuisine Pty Ltd (Migration)

[2018] AATA 2106

Spice of life authentic indian cuisine Pty Ltd (Migration) [2018] AATA 2106 (9 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Spice of Life Authentic Indian Cuisine Pty Ltd

CASE NUMBER:  1811591

DIBP REFERENCE(S):  BCC2017/1463812

MEMBER:Hugh Sanderson

DATE:9 May 2018

PLACE OF DECISION:  Sydney

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

Statement made on 09 May 2018 at 9:51am

CATCHWORDS
Migration – Application for nomination – Review application out of time

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

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 28 March 2018, refusing a nomination application under the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 23 April 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 Tribunal wrote to the applicant on 7 May 2018 noting that as the Department’s decision was made on 28 March 2018 and a copy of that decision was emailed to the applicant on that date, the last day for lodging the application for review was 18 April 2018. As the review application was not received until 23 April 2018 it appeared that the application had been filed out of time. The applicant was invited to comment on or respond to this information.

4. The applicant responded on 7 May 2018 apologising for filing the application out of time and asked for the matter to be withdrawn and a refund of the filing fees to be provided.

5. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 28 March 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 28 March 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 18 April 2018.

7. As the application for review was not received by the Tribunal until 23 April 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

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

   Hugh Sanderson
   Member