Tatos (Migration)

[2017] AATA 1772

Tatos (Migration) [2017] AATA 1772 (5 July 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Alexandros Tatos

CASE NUMBER:  1704107

DIBP REFERENCE(S):  BCC2016/2749110

MEMBER:Tim Connellan

DATE:5 July 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 05 July 2017 at 2:19pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Review application out of time

LEGISLATION

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

Migration Regulation 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 14 February 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 8 March 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 14 February 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal received a submission from the applicant’s agent requesting discretion. It stated the applicant was born on 15 March 2013 which would mean he was a 4 year old child. The submission stated he was a vulnerable person unable to fully comprehend the content of the review. The application indicates his date of birth is 15 March 2003, meaning he is a 14 year old. This is not a matter in which the Tribunal has discretion.

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 14 February 2017. Therefore the prescribed period within which the review application could be made ended on 7 March 2017. As the application for review was not received by the Tribunal until 8 March 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.

   Tim Connellan
   Member