1721912 (Refugee)

[2017] AATA 1793

1721912 (Refugee) [2017] AATA 1793 (10 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1721912

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Sean Baker

DATE:10 October 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 10 October 2017 at 10:50am

CATCHWORDS

Refugee – Protection visa – Malaysia – Application lodged out of time

LEGISLATION

Migration Act 1958, ss 65, 494C

Migration Regulations 1994, Schedule 2 r 4.31(2)

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 16 August 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 15 September 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 16 August 2017 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 to the applicant expressing the initial view that his application may be out of time and seeking his response. He has not responded.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 16 August 2017: s.494C of the Act. Therefore the prescribed period to apply for review ended on 12 September 2017. As the application for review was not received by the Tribunal until 15 September 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.

   Sean Baker
   Member