ZHENG (Migration)

[2017] AATA 1706

ZHENG (Migration) [2017] AATA 1706 (7 July 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms YUN ZHENG

CASE NUMBER:  1713202

DIBP REFERENCE(S):  BCC2017/636394

MEMBER:Geraldine Hoeben

DATE:07/07/17

PLACE OF DECISION:  Sydney

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

Statement made on 07 July 2017 at 11:15am

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) ­– Late lodgement of review application

LEGISLATION

Migration Act 1958, ss 65, 347, 494C

Migration Regulations 1994, 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 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 21 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. In the circumstances of this case the application was not received until 21/06/17.

4. On 21/06/17 the applicant wrote to the Tribunal stating that it was her migration (MA) who had failed to inform her of the departmental visa refusal letter to comply with the relevant time frames. She has submitted an e-mail from her former MA which indicates that she is correct in that assertion. However, as her MA was also her nominated recipient at the relevant time the Tribunal is only required under the legislation to communicate with the applicant’s nominated recipient. Unfortunately, the Tribunal has no discretion under the relevant legislation to change what is an unfortunate situation for the applicant and her former MA.

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

6. 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 May 2017. Therefore, the prescribed period within which the review application could be made ended on 15 June 2017. As the application for review was not received by the Tribunal until 21 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

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

   Geraldine Hoeben
   Member