1726994 (Refugee)

[2017] AATA 2924

1726994 (Refugee) [2017] AATA 2924 (27 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1726994

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Nora Lamont

DATE:27 November 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 27 November 2017 at 1:37pm

CATCHWORDS

Refugee – Protection Visa – Malaysia – Requirement to lodge application within 28 days of decision – Notification of decision – Applicant taken to be notified – Application not filed in time

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 [in] October 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 [date] November 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] October 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 applicant responded to the Tribunal that he sent his application to Tribunal on [date] November thinking it was still on time. However, the Tribunal does not have jurisdiction to review this decision.

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

   Nora Lamont
   Member