1717028 (Refugee)

[2017] AATA 2003

1717028 (Refugee) [2017] AATA 2003 (18 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1717028

COUNTRY OF REFERENCE:                  China

MEMBER:Tania Flood

DATE:18 October 2017

PLACE OF DECISION:  Sydney

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

Statement made on 18 October 2017 at 1:35pm

CATCHWORDS
Refugee – Protection visa – China – Application lodged out of time

LEGISLATION
Migration Act 1958, ss 65, 494C
Migration Regulations 1994, Schedule 2, 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 [in] October 2016 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 August 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 dated [in] October 2016 and dispatched by registered post to the postal address provided by the applicant in his application for a protection visa. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 22 August 2017 the Tribunal wrote to the applicant advising him that his application for review appears not to be valid as it was not lodged within the relevant time limit.  The applicant was invited to make any comments on whether a valid application has been made in writing by [September] 2017.  The applicant did not respond to the Tribunal’s letter.

5. The Tribunal finds that the applicant is taken to have been notified of the decision [in] October 2016 in accordance with s.494C of the Act. Therefore the prescribed period to apply for review ended [in] November 2016. As the application for review was not received by the Tribunal until 4 August 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.

   Tania Flood
   Member