Jawed (Migration) [2016] AATA 4983 (5 December 2016)

Last Updated: 18 January 2019

Jawed (Migration) [2016] AATA 4983 (5 December 2016)

DECISION RECORD

DIVISION: Migration & Refugee Division

APPLICANT: Mr Farhan Jawed

CASE NUMBER: 1612883

DIBP REFERENCE(S): 1728578 BCC2015/1728578

MEMBER: Geraldine Hoeben

DATE: 05/12/16

PLACE OF DECISION: Sydney

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

Statement made on 05 December 2016 at 10:07am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 573 Higher Education Sector – 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. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 25 July 2016, 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 16 August 2016. 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 2016 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements and that service was good.
5. On 11 November 2016 the applicant was informed of the Tribunal’s view that it had no jurisdiction and its bases for coming to this conclusion. The applicant was given until 25 November 2016 to reply and/or make submissions in writing. The Tribunal has received no reply or submissions. No contact has been made with the Tribunal since.
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 July 2016. Therefore, the prescribed period within which the review application could be made ended on 15 August 2016. As the application for review was not received by the Tribunal until 16 August 2016 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