Yahaya (Migration)

[2019] AATA 138

Yahaya (Migration) [2019] AATA 138 (29 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Mohd Hairul Nizam Yahaya

CASE NUMBER:  1835919

DIBP REFERENCE(S):  CLF2018/12091

MEMBER:Peter Vlahos

DATE:29 January 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 29 January 2019 at 6:08am

CATCHWORDS

MIGRATION – Bridging B (Class WB) visa – Subclass 020 (Bridging B) – applicable fee not paid – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 347

Migration Regulations 1994, rr 4.10, 4.13

CASES

Braganza v MIMA (2001) 109 FCR 364

Kirk v MIMA (1998) 87 FCR 99

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, dated 5 December 2018, to refuse to grant a Bridging B (Class WB) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application form was lodged with the Tribunal on 6 December 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Pursuant to s.347(1) of the Act and r.4.13 of the Migration Regulations 1994, this application had to be given to the Tribunal within the prescribed period, as specified in s.347(1)(b) and r.4.10, and accompanied by the prescribed fee unless a determination has been made under r.4.13(4) that the fee should be reduced on the basis of financial hardship. The prescribed period is set out in r.4.10 of the Regulations and starts when the applicant is notified of the decision. In the present case, the prescribed period ended on 27 December 2018. The fee must be paid within the prescribed period: Kirk v MIMA (1998) 87 FCR 99, or if a determination has been made under r.4.13(4), within a reasonable period after that determination: Braganza v MIMA (2001) 109 FCR 364.

4. On 7 January 2019[1] the Tribuanl wrote to the applicant informing him that his application for review in respect of a decision to refuse a grant of a Bridging B (Class WB) visa was not valid because he had to be paid the required application fee. The applicant was provided time until 21 January 2019 to make his comments on whether a valid application had been submitted by him to the Tribunal.

   [1] AAT File, see folio [32]

5. As at the writing of this decision, the applicant has provided no written submissions to the Tribunal explaining his situation.

6. Therefore as the prescribed fee has not been paid and no determination has been made (or requested) that the fee should be reduced. In these circumstances, the application for review is not a valid application and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Peter Vlahos
   Member