Sugianto (Migration)

[2019] AATA 733

Sugianto (Migration) [2019] AATA 733 (3 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Sopiah Sugianto

CASE NUMBER:  1904785

DIBP REFERENCE(S):  PNJ

MEMBER:Nora Lamont

DATE:3 April 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 03 April 2019 at 8:48am

CATCHWORDS
MIGRATION – applicant’s visa ceased – no decision to review – no jurisdiction

LEGISLATION
Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994, Schedule 2, r 4.02(4)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 1 March 2019 for review of a decision which was never made. 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 visas of various kinds, but the evidence before the Tribunal indicates that the applicant’s visa ceased, it was not cancelled or refused and as such there is no decision to review.

3. The applicant did not respond to a request to comment on the validity of this application.

4. As there is no reviewable decision it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Nora Lamont
   Member