Wong (Migration)

[2024] AATA 42

Wong (Migration) [2024] AATA 42 (5 January 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Thiam Soon Wong

CASE NUMBER:  2317683

HOME AFFAIRS REFERENCE(S):          BCC2023/5628027

MEMBER:Alison Murphy

DATE:5 January 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 05 January 2024 at 4:45pm

CATCHWORDS

MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – review application out of time – no jurisdiction

LEGISLATION

Migration Act 1958, ss 347, 494C
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 Home Affairs on 20 October 2023 to cancel the applicant’s Student (Temporary) (Class TU) visa under the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 1 November 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 20 October 2023 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 16 November 2023, a Tribunal officer wrote to the applicant advising that it appeared the review application was not a valid application as it was not lodged within the relevant time limit.  The applicant was invited to comment on whether a valid application had been made.  On 30 November 2023 the applicant wrote to the Tribunal explaining his reasons for not lodging the review application in time and asking that he be granted another opportunity to rectify the situation.   

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 20 October 2023: s 494C of the Act. Therefore the prescribed period to apply for review ended on 31 October 2023.

6. The Tribunal acknowledges the difficulties experienced by the applicant as set out in his email, but the Tribunal has no power to extend the time in which to lodge a valid review.

7. As the application for review was not received by the Tribunal until 1 November 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

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

   Alison Murphy
   Member