Vaddemgunta (Migration)

[2020] AATA 1571

Vaddemgunta (Migration) [2020] AATA 1571 (30 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Chalapati Babu Vaddemgunta

CASE NUMBER:  2002920

DIBP REFERENCE:  Unknown

MEMBER:Rosa Gagliardi

DATE:30 April 2020

PLACE OF DECISION:  Australian Capital Territory

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

Statement made on 30 April 2020 at 3:13am

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – no reviewable decision – no particulars of relatives living in Australia included in visa application – no response to tribunal’s communication – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 338, 411

Migration Regulations 1994 (Cth), r 4.02(4)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 14 February 2020 for review of the refusal to grant a Visitor (Class FA) visa.  For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal.

3. On 18 March 2020 the Tribunal wrote to the applicant in the interests of natural justice to explain that it appeared that that his application for review was not valid.  The Tribunal advised that a decision to refuse a Visitor (Class FA) visa is only reviewable if he were sponsored in accordance with s.338(5) or if the stated purpose of his visit was to visit a relative of a kind specified in s.338(7)(b) and the particulars of that relative was mentioned in the application.  Since it appeared that he had not mentioned the particulars of any relatives living in Australia in his visa application, this was not a decision that was reviewable by the Tribunal.

4. The applicant was provided with the opportunity to comment on the validity of his review application and was given until 1 April 2020 to provide his comments.  At the time of writing he has not responded to the Tribunal’s letter of 18 March 2020.

5. As there is no reviewable decision it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Rosa Gagliardi
   Member