1711849 (Refugee)

1711849 (Refugee) [2017] AATA 1192 (25 July 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1711849

COUNTRY OF REFERENCE:                  Liberia

MEMBER:Jane Marquard

DATE:25 July 2017

PLACE OF DECISION:  Sydney

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

Statement made on 25 July 2017 at 1:30pm

CATCHWORDS
Refugee – Protection Visa – Liberia – Application for review lodged out of time – Change of address – No Jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 494C
Migration Regulations 1994, Schedule 2, r 4.31(2)

CASES

Singh v MIBP [2015] FCCA 1714
Awon v MIBP [2015] FCA 846
SZRHA v MIAC [2013] FCA 531
BET16 v MIBP [2016] FCCA 3165
Haque v MIMIA [2006] FMCA 55
Wang v MIMIA [1997] 71 FCR 386

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

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 [in] March 2017 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 4 June 2017. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. As the applicant was not in immigration detention on the day the applicant was notified of the decision, an application for review of the decision had to be made within 28 days, commencing on that day: r.4.31(2) of the Migration Regulations 1994.

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter [in] April 2017 and dispatched by post. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements. Therefore the prescribed period to apply for review ended [in] May 2017.

4. On 13 June 2017 the Tribunal wrote to the applicant advising that it appeared that her application was not lodged within the relevant time limit. She was invited to make comments to the Tribunal by 27 June 2017.

5. On 26 June 2017 a response was received from her representative, [name]. He stated that the applicant acknowledged that the application for review was lodged outside the time limit. He stated that this was because the applicant received the decision letter on 1June 2017. It was posted to her old address which she had provided to the Department when she applied for the visa. She had moved to a new house in July 2016 after [an incident] which resulted in the police being invited to intervene (a police incidence number was attached). She then contacted [Organisation 1] to inform them of her new address. She said that she requested that [Organisation 1] contact the Department on her behalf with the new address. She…