The Trustee for Woodcock Family Trust (Migration)

[2017] AATA 1694

The Trustee for Woodcock Family Trust (Migration) [2017] AATA 1694 (4 August 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  The trustee for Woodcock Family Trust

CASE NUMBER:  1710924

DIBP REFERENCE(S):  BCC2016/3250742

MEMBER:Rania Skaros

DATE:4 August 2017

PLACE OF DECISION:  Sydney

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

Statement made on 04 August 2017 at 2:58pm

CATCHWORDS

Migration – Employer Nomination – Application review lodged out of time

LEGISLATION

Migration Act 1958, s 347

Migration Regulations1994 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 1 May 2017, to refuse the approval the employer nomination.

2. The review application was lodged with the Tribunal on 23 May 2017. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

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 1 May 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The applicant was invited to comment on the validity of the application for review but did not respond to the invitation.

6. The Tribunal is satisfied that the applicant is taken to have been notified of the decision on 1 May 2017. Therefore the prescribed period within which the review application could be made ended on 22 May 2017. As the application for review was not received by the Tribunal until 23 May 2017 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.

   R. Skaros
   Member