Taniwha (Migration)

[2018] AATA 4402

Taniwha (Migration) [2018] AATA 4402 (8 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Rikihana Taniwha

CASE NUMBER:  1827129

DIBP REFERENCE(S):  BCC2017/3915425

MEMBER:Ann Duffield

DATE:8 November 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 08 November 2018 at 10:25am

CATCHWORDS
MIGRATION – cancellation – Special Category (Temporary) (Class TY) visa – Subclass 444 (Special Category) – review application out of time – no jurisdiction

LEGISLATION
Migration Act 1958, s 347
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 27 July 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 13 September 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 27 July 2018 and dispatched by post. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The applicant claims he was not notified that his visa was cancelled until 29 August 2018. He claims that he was told he had seven days from 7 September 2018 to apply for a review of the delegate’s decision. The applicant has provided no evidence of this.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 7 August 2018. Therefore the prescribed period to apply for review ended on Friday 17 August 2018.

6. As the application for review was not received by the Tribunal until 13 September 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

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

   Ann Duffield
   Senior Member