Bae (Migration) [2021] AATA 3602 (31 August 2021)

Last Updated: 8 October 2021

Bae (Migration) [2021] AATA 3602 (31 August 2021)

DECISION RECORD

DIVISION: Migration & Refugee Division

APPLICANT: Mr Seon Wook Bae

CASE NUMBER: 2107247

DIBP REFERENCE(S): BCC2020/1355657

MEMBER: Gabrielle Cullen

DATE: 31 August 2021

PLACE OF DECISION: Sydney

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

Statement made on 31 August 2021 at 4:45pm

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – was notified of the decision in accordance with the statutory requirements – application was lodged outside of the relevant prescribed period – no jurisdiction

LEGISLATION
Migration Act 1958, s 347
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 23 March 2021 to refuse to grant a Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 2 June 2021. 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 23 March 2021 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal wrote a natural justice letter to the applicant on 13 July 2021, conveying its preliminary view that the application for review appeared to be invalid because it was not lodged within the relevant time limit. The Tribunal indicated that the primary decision was emailed to the applicant on 23 May 2021 and the last day for lodging the review was 13 April 2021. The letter noted the application for review was not received until 2 June 2021 and it appeared to be out of time. The Tribunal invited the applicant to submit any comments by 27 July 2021.

5. On 27 July 2021 the applicant requested further time to respond which as granted by the Tribunal. The Tribunal informed the applicant he was given until 10 August 2021 to provide the information.

6. On 10 August 2021 the applicant requested further time to respond which was granted by the Tribunal. The Tribunal informed the applicant he was given until 24 August 2021 to provide the information.

7. As at the date of this decision no further correspondence or information has been provided by the applicant.

8. The Tribunal finds that the applicant is taken to have been notified of the decision on 23 March 2021. Therefore, the prescribed period to apply for review ended on 13 April 2021. As the application for review was not received by the Tribunal until 2 June 2021 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.


Gabrielle Cullen
Member