TRAN (Migration)

[2018] AATA 316

TRAN (Migration) [2018] AATA 316 (8 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr NGUYEN TRUNG KIEN TRAN

CASE NUMBER:  1800550

DIBP REFERENCE(S):  

MEMBER:Lilly Mojsin

DATE:8 February 2018

PLACE OF DECISION:  Sydney

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

Statement made on 08 February 2018 at 3:55pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Review application out of time

LEGISLATION

Migration Act 1958, ss 65, 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 14 December 2017 to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 8 January 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 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 14 December 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 17 January 2018 the Tribunal wrote to the applicant advising the applicant that the application for review was not a valid application as it was not lodged within the relevant time. The applicant responded acknowledging the date he submitted his application for review was 8 January 2018 and providing a copy of his medical report that stated the applicant suffered from stress due to a family conflict.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 14 December 2017. Therefore the prescribed period to apply for review ended on 4 January 2018.

6. The Tribunal has no discretion to grant an extension of time in circumstances where the applicant was ill.

7. As the application for review was not received by the Tribunal until 8 January 2018 it follows that the application for review was not made in accordance with the relevant legislation. The Tribunal has no jurisdiction in this matter.

   DECISION

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

   Lilly Mojsin
   Member