Tamati (Migration)

[2018] AATA 2224

Tamati (Migration) [2018] AATA 2224 (24 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Blair Edward Tamati

CASE NUMBER:  1811508

DIBP REFERENCE(S):  BCC2018/150424

MEMBER:Tigiilagi Eteuati

DATE:24 May 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 24 May 2018 at 1:02pm

CATCHWORDS
Migration – Cancellation – Special Category (Temporary) (Class TY) visa – Subclass 444 (Special Category) – Review application out of time

LEGISLATION
Migration Act 1958, s 347
Migration Regulations 1994, rr 2.55, 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 4 April 2018 to cancel the applicant’s Special Category (Temporary) (Class TY) visa 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 7 working 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 4 April 2018 and dispatched by email. The applicant signed a document acknowledging that he in fact received notification of the decision on 5 April 2018. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal finds that the applicant is taken to have been notified of the decision on 4 April 2018: r.2.55 of the Regulations. Therefore the prescribed period to apply for review ended on 13 April 2018.

5. 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.

6. The Tribunal notes that on 9 May 2018, the applicant sent an email to the Tribunal indicating that he wished to withdraw his application for review.

   DECISION

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

   Tigiilagi Eteuati
   Member