1722391 (Refugee)

[2017] AATA 3105

1722391 (Refugee) [2017] AATA 3105 (25 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1722391

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Lilly Mojsin

DATE:25 October 2017

PLACE OF DECISION:  Sydney

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

Statement made on 25 October 2017 at 4:18pm

CATCHWORDS
Refugee – Protection – Malaysia – Application out of time – No jurisdiction to review

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 7 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 20 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 7 March 2017 and dispatched by post. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 5 October 2017 the Tribunal wrote to the applicant inviting comment that the application was not a valid application as it was not lodged within the relevant time limit. The applicant did not respond.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 16 March 2017: s.494C of the Act. Therefore the prescribed period to apply for review ended on 12 April 2017. As the application for review was not received by the Tribunal until 20 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.

   Lilly Mojsin
   Member