Sutanto (Migration)

[2018] AATA 2221

Sutanto (Migration) [2018] AATA 2221 (16 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr David Sutanto

CASE NUMBER:  1809739

DIBP REFERENCE(S):  CLF2017/121012 PNJ

MEMBER:Justine Clarke

DATE:16 May 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 16 May 2018 at 2:04pm

CATCHWORDS
Migration – Bridging E (Class WE) visa – Subclass 050 (Bridging (General)) – Review application out of time

LEGISLATION
Migration Act 1958, ss 65, 347, 494C
Migration Regulations 1994, 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 22 January 2018 to refuse to grant a Bridging E (Class WE) visa under s.65 of the Migration Act 1958 (the Act).

2. On 9 April 2018, the review application was lodged with the Tribunal. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

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 22 January 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. On 11 April 2018, the Tribunal sent a letter, by email, to Mr Sutanto inviting him to comment on the validity of the application for review. That letter required any comments to be provided in writing by 26 April 2018. To date, no response has been received by the Tribunal.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 22 January 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 12 February 2018.

7. As the application for review was not received by the Tribunal until 9 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.

   Justine Clarke
   Member