Zangmo (Migration)

[2020] AATA 6162

Zangmo (Migration) [2020] AATA 6162 (31 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Yonten Zangmo
Mr Sonam Togbay
Mr Sonam Wangyel Dorji
Mr Ugyen Wangchuck Dorji
Mr Jamyang Theopeljor Tobgay

CASE NUMBER:  1904683

DIBP REFERENCE(S):  BCC2017/3217832 BCC20173217832

MEMBER:Antonio Dronjic

DATE:31 August 2020

PLACE OF DECISION:  MELBOURNE

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

Statement made on 31 August 2020 at 1:23pm

CATCHWORDS

MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 – Regional Sponsored Migration Scheme – 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 24 January 2019 to refuse to grant Regional Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 28 February 2019. 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 applicants were notified of the decision by letter dated 24 January 2019 and dispatched by post. The Tribunal is satisfied that the applicants were notified of the decision in accordance with the statutory requirements.

4. The Tribunal formed the preliminary view that it did not have jurisdiction because the applications for review were not received within the prescribed period for lodgement. The Tribunal wrote to the applicants on 17 April 2019 inviting submissions on this issue on or before 1 May 2019. The applicants have failed to do so.

5. The Tribunal finds that the applicants are taken to have been notified of the decision on 5 February 2019: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 26 February 2019.

6. As the applications for review were not received by the Tribunal until 28 February 2019 it follows that the applications for review were 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.

   Antonio Dronjic
   Member