Zaheer (Migration)

[2017] AATA 1709

Zaheer (Migration) [2017] AATA 1709 (8 August 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ehtsham Zaheer

CASE NUMBER:  1713703

DIBP REFERENCE(S):  BCC2017/1014411

MEMBER:Tim Connellan

DATE:8 August 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 08 August 2017 at 1:00pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Application lodged out of time

LEGISLATION

Migration Act 1958, ss 65, 347(1)(b), 494C

Migration Regulations 1994, Schedule 2, 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 26 May 2017, to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 27 June 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 26 May 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 5 July 2017 the Tribunal wrote to the applicant inviting comment on the validity of the application for review noting that it had not been lodged with the relevant time period.

6. On 17 July 2017 the Tribunal received an email from the applicant stating he was suffering mental health and depression problems and had forgotten to lodge his application.

7. On 7 August 2017 the applicant provided a further email stating he had visited a sociologist who had prescribed some medication for relaxation and advised him to do some relaxation exercises. He attached receipts for two consultations with a psychologist. Also attached was a prescription dated to August 2017 for Circadin 2mg (a prolonged release Melatonin sleep medication).

8. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 26 May 2017. Therefore the prescribed period within which the review application could be made ended on 16 June 2017. As the application for review was not received by the Tribunal until 27 June 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

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

   Tim Connellan
   Member