1714487 (Refugee)

[2017] AATA 3140

1714487 (Refugee) [2017] AATA 3140 (4 August 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1714487

COUNTRY OF REFERENCE:                  China

MEMBER:Michael Hawkins

DATE:4 August 2017

PLACE OF DECISION:  Brisbane

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

Statement made on 04 August 2017 at 7:46am

CATCHWORDS
Refugee – Protection visa – China –  Application out of time – No jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 494C
Migration Regulations 1994, r 4.31

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 on 13 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 6 July 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.

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 dated 13 March 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 10 July 2017, the applicant received correspondence from the Tribunal. This correspondence invited the applicant to comment on the validity of the application for review and to forward written submissions to the Tribunal by 24 July 2017. The applicant has not responded to date.

5. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 13 March 2017. Therefore the prescribed period to apply for review ended on 9 April 2017. As the application for review was not received by the Tribunal until 6 July 2017 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Michael Hawkins
   Member