YANG (Migration)

[2017] AATA 1652

YANG (Migration) [2017] AATA 1652 (11 September 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Ya-chi YANG

CASE NUMBER:  1718567

DIBP REFERENCE(S):  BCC2017/1971645

MEMBER:Linda Holub

DATE:11 September 2017

PLACE OF DECISION:  Sydney

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

Statement made on 11 September 2017 at 10:50am

CATCHWORDS

Migration – Working Holiday (Temporary) (Class TZ) visa – Subclass 417 (Working Holiday) – Jurisdiction – Application for review not made in accordance with the relevant legislation – Notification by Department

LEGISLATION

Migration Act 1958, ss 65, 347, 494C

Migration Regulation 1994, Schedule 2, cl 457.223(4)(a), r 4.10

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 25 July 2017, to refuse to grant a Working Holiday (Temporary) (Class TZ) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 19 August 2017. 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)(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.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 25 July 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. On 29 August 2017 the Tribunal wrote to the applicant regarding the validity of the application. The Tribunal indicated that it appeared that as the application for review was not lodged within the relevant time period that it would appear that the application was out of time. The applicant was provided with an opportunity to make any comments. The applicant responded on 7 September 2017 indicating that she did not know that the last day for lodging the application was 15 August 2017.

6. The Tribunal took into consideration the applicants notification from the Department of Immigration and Border Protection. It was dated 25 July 2017. It states that an application for merits review of the decision must be given to the AAT within 21 calendar days after the day on which you are taken to have received this letter.

7. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 25 July 2017. Therefore the prescribed period within which the review application could be made ended on 15 August 2017. As the application for review was not received by the Tribunal until 19 August 2017 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.

   Linda Holub
   Member