1725364 (Refugee)

[2017] AATA 2361

1725364 (Refugee) [2017] AATA 2361 (13 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1725364

MEMBER:Peter Vlahos

DATE:13 November 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 13 November 2017 at 11:24am

CATCHWORD
Refugee – Protection visa – Malaysia – Decision previously reviewed – Repeated applications – No jurisdiction

LEGISLATION
Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994, r 4.02

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. An application was made to the Tribunal on 17 October 2017 for review. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02 (4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse or cancel visas and a range of sponsorship and nomination decisions but not a decision but the evidence before the Tribunal indicates that at the time of the review application was lodged, no relevant decision had been made.

3. On 20 April 2017, the Tribunal (differently constituted) (decision no. 1708570) made a decision to affirm the refusal of the applicant’s visa which was made by the Department [in] May 2017.

4. The applicant subsequently lodged another three applications for review of the same decision one on 16 May 2017 (decision no. 1708570), 21 June 2017 (decision no. 1713236), 3 August 2017 (decision no. 1716937) and on 16 August 2017 (decision no. 1718186) which all resulted in the Tribuanl finding no jurisdiction because the decision had already been reviewed. The Tribunal notes that with this decision the applicant had made (in total) four attempts to review a decision that had already been reviewed.

5. On 20 October 2017 the Tribunal wrote to the applicant inviting him to provide comments as to whether a valid application had been made and those should be submitted to the Tribunal by 3 November 2017.

6. As at the writing of this decision no response had been provided by the applicant to the Tribunal.

7. As the delegate’s decision is not reviewable under Parts 5 or 7 of the Act it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Peter Vlahos
   Member