1722036 (Refugee)

[2017] AATA 1794

1722036 (Refugee) [2017] AATA 1794 (9 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1722036

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Nicole Burns

DATE:9 October 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 09 October 2017 at 3:05pm

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 [in] 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 17 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 [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 invited the applicant to comment on its preliminary view that it did not have jurisdiction because the review application was lodged out of time by letter dated [September] 2017 (sent by email).  No response was received. 

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

   Nicole Burns
   Member