1725240 (Refugee)

[2018] AATA 251

1725240 (Refugee) [2018] AATA 251 (30 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1725240

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Luke Hardy

DATE:30 January 2018

PLACE OF DECISION:  Sydney

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

Statement made on 30 January 2018 at 2:21pm

CATCHWORDS

Refugee – Protection visa – Malaysia – Jurisdictional issues – Application out of time

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, 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] April 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 16 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] April 2017 and dispatched by email.

4. The Tribunal wrote to the applicant on 22 November 2017 advising him of the jurisdictional issue and inviting him to comment on whether a valid review application had been made. The applicant did not respond.

5. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements. The Tribunal finds that the applicant is taken to have been notified of the decision on [date] April 2017. Therefore the prescribed period to apply for review ended on [date] May 2017.

6. As the application for review was not received by the Tribunal until 16 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.

   Luke Hardy
   Member