Waqairadovu (Migration)

[2023] AATA 3846

Waqairadovu (Migration) [2023] AATA 3846 (9 October 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Samuela Tava Caqeciri Waqairadovu

CASE NUMBER:  2313004

HOME AFFAIRS REFERENCE(S):          BCC20222286578

MEMBER:Angela Julian-Armitage

DATE:9 October 2023

PLACE OF DECISION:  Brisbane

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

Statement made on 09 October 2023 at 12:26pm

CATCHWORDS
MIGRATION – Temporary Work (International Relations) (Class GD) – Subclass 403 (Temporary Work (International Relations)) – application for review lodged out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 347, 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 17 January 2023 to cancel the applicant’s GD – Temporary Work (International Relations) (Class GD) visa under the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 25 August 2023. 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 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 17 January 2023 and dispatched by hand. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal finds that the applicant is taken to have been notified of the decision on 17 January 2023 (s 494C of the Act). Therefore, the prescribed period to apply for review ended on 27 January 2023.

5. As the application for review was not received by the Tribunal until 25 August 2023 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

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

   Angela Julian-Armitage
   Member