1724302 (Refugee)

[2017] AATA 2004

1724302 (Refugee) [2017] AATA 2004 (20 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1724302

COUNTRY OF REFERENCE:                  China

MEMBER:Angela Cranston

DATE:20 October 2017

PLACE OF DECISION:  Sydney

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

Statement made on 20 October 2017 at 10:05am

CATCHWORDS

Refugee – Protection visa – China – Second review of a refusal – Duplicate application

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] July 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 October 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] July 2017 and dispatched by email to the applicant’s authorised recipient.

4. The applicant has already had this refusal decision reviewed by the Tribunal who found it had no jurisdiction on 12 September 2017 (AAT Reference 1718360). As the applicant is seeking to have the refusal decision reviewed a second time, the Tribunal has treated this application as a duplicate application and no natural justice letter has been sent.

   FINDINGS

5. The Tribunal is satisfied that the applicant was notified of the decision of a delegate of the Minister for Immigration in accordance with the statutory requirements. 

6. The Tribunal finds that the applicant is taken to have been notified of the decision a delegate of the Minister for Immigration [in] July 2017: s.494C of the Act. Therefore the prescribed period to apply for review ended [in] August 2017. As the application for review was not received by the Tribunal until 6 October 2017 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Angela Cranston
   Member