Tian (Migration)

[2024] AATA 3864

Tian (Migration) [2024] AATA 3864 (1 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jingyuan Tian

REPRESENTATIVE:  Mr Stanley Chan (MARN: 0430097)

CASE NUMBER:  2408687

HOME AFFAIRS REFERENCE(S):          BCC2023/5978471

MEMBER:Wendy Banfield

DATE:1 July 2024

PLACE OF DECISION:  Canberra

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

Statement made on 01 July 2024 at 4:53pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – application for review made more than 21 days after notification of refusal decision – no substantive response to invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347(1)(b), 494C
Migration Regulations 1994 (Cth), 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 Home Affairs on 18 March 2024 to refuse to grant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 19 April 2024. 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 reg 4.10 of the Migration Regulations 1994 (Cth) (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.

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 18 March 2024 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal wrote to the applicant on 17 May 2024 inviting comment on the validity of the application for review. The applicant was to respond by 31 May 2024. On 31 May 2024 the applicant’s representative requested an extension of time which was granted. The new date to respond was 13 June 2024. However, no reply has been received.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 18 March 2024: s 494C of the Act. Therefore, the prescribed period to apply for review ended n 8 April 2024.

6. As the application for review was not received by the Tribunal until 19 April 2024 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.

   Wendy Banfield
   Member