Yu (Migration)

[2018] AATA 4403

Yu (Migration) [2018] AATA 4403 (8 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Hao-Chun Yu

CASE NUMBER:  1830841

DIBP REFERENCE(S):  BCC2018/2584788

MEMBER:Adrienne Millbank

DATE:8 November 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 08 November 2018 at 5:05pm

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

LEGISLATION
Migration Act 1958, ss 65, 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 Immigration on 28 September 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 22 October 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 28 September 2018 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 October 2018 the Tribunal wrote to the applicant, by email, inviting him to comment on the validity of his application for review. The applicant was advised that any comments needed to be provided in writing, by 6 November 2018. On 23 October 2018 the applicant advised the Tribunal that he wanted to withdraw his application.  On 24 October 2018 the Tribunal advised the applicant that withdrawal can be accepted only for valid applications. The applicant provided no comment on the validity of his application.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 28 September 2018 in accordance with s.494C of the Act. Therefore the prescribed period to apply for review ended on 19 October 2018.

6. As the application for review was not received by the Tribunal until 22 October 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

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

   Adrienne Millbank
   Member