Yama (Migration)

[2018] AATA 3678

Yama (Migration) [2018] AATA 3678 (17 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Sudtijit Yama

CASE NUMBER:  1824180

DIBP REFERENCE(S):  BCC2017/204610

MEMBER:Mara Moustafine

DATE:17 September 2018

PLACE OF DECISION:  Sydney

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

Statement made on 17 September 2018 at 7:09am

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

LEGISLATION
Migration Act 1958, ss 65, 347
Migration Regulations 1994, rr 2.55, 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 18 July 2018 to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 10 August 2018. 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 18 July 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal formed the preliminary view that the application was not a valid application as it was not lodged within the relevant time limit. As the primary decision was emailed to the applicant’s migration agent on 18 July 2018 and, on the basis that 18 July 2018 was, therefore, the date on which she was taken to have been notified, the last day for lodging the application for review was 8 August 2018. As the application was not received until 10 August 2018, it appeared to be out of time.

5. An officer of the Tribunal wrote to the applicant on 29 August 2018 inviting her to make any comments on the validity of the application for review by 12 September 2018.  The letter was despatched by email to the address provided by the applicant in her application.

6. No response was received from the applicant.

7. The Tribunal finds that the applicant is taken to have been notified of the decision on 18 July 2018: r.2.55 of the Regulations. Therefore the prescribed period to apply for review ended on 8 August 2018.

8. As the application for review was not received by the Tribunal until 10 August 2018 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

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

   Mara Moustafine
   Member