Wong (Migration)

[2021] AATA 2214

Wong (Migration) [2021] AATA 2214 (13 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jia Ou Wong

CASE NUMBER:  2101626

DIBP REFERENCE(S):  BCC2017/3588398

MEMBER:Mark Bishop

DATE:13 June 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 13 June 2021 at 3:43pm

CATCHWORDS
MIGRATION – Bridging A (Class WA) visa – Subclass 101 (Bridging A) – application for review made out of time and no fee paid – no response to tribunal’s natural justice letter – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 65, 347(1)(b)
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 Immigration on 20 January 2021 to refuse to grant a Bridging A (Class WA) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 12 February 2021. 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 20 January 2021 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 23 February 2021 the Tribunal provided to the applicant a natural justice letter that advised the application was not a valid application as it was not lodged within the relevant time period and the application fee had not been paid. The Tribunal provided particulars to the applicant concerning both matters as to time frames and fees.

5. The applicant did not respond to the request for a response to the letter summarised at paragraph 4 above.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 20 January 2021: Therefore the prescribed period to apply for review ended on 10 February 2021.

7. The Tribunal addresses both matters outlined in the Tribunal correspondence as summarised at paragraph 4 above.

8. As the application for review was not received by the Tribunal until 12 February 2021 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.

9. There is no evidence before the Tribunal that the required fees has been paid. As the relevant fees were not paid there is no valid application before the Tribunal and the Tribunal, accordingly, does not have jurisdiction in this matter.

   DECISION

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

    Mark Bishop
    Member