1728003 (Refugee)

[2017] AATA 3104

1728003 (Refugee) [2017] AATA 3104 (15 December 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1728003

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Mila Foster

DATE:15 December 2017

PLACE OF DECISION:  Sydney

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

Statement made on 15 December 2017 at 11:30am

CATCHWORDS
Refugee – Protection visa – Malaysia – Review of tribunal decision – Non-reviewable decision

LEGISLATION
Administrative Appeals Tribunal, 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. Before me is a review application lodged with the Tribunal on 13 November 2017.

2. The applicant indicated in the application that she was seeking review of a decision relating to a Class WA Subclass 010 (bridging) visa refusal made on 11 September 2017, that she was notified of the decision on 9 October 2017 and that the Department (of Immigration and Border Protection) file number was [number].

3. However, a search of the Department’s ISCE database reveals that the applicant was refused a protection visa by a delegate of the Minister for Immigration on 8 August 2017, that Department file number [relates] to her protection visa application and that she has a current bridging visa. The ISCE database does not indicate that the applicant has been refused a bridging visa or had a bridging visa cancelled. Further, the applicant had applied to the Tribunal on 11 September 2017 for review of the delegate’s decision to refuse her the protection visa. The Tribunal, differently constituted, decided on 9 October 2017 that review application lodged on 11 September 2017 was not made within the prescribed period and thus the Tribunal did not have jurisdiction to review the delegate’s decision to refuse the applicant a protection visa.[1] Hence, I find that the applicant is seeking review of the decision made by the Tribunal on 9 October 2017 that her previous review application was not lodged within time. For the following reasons, I find that the Tribunal has no jurisdiction to deal with the current review application.

   [1] Tribunal case number 1721288.

4. The 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 visas of various kinds but not decisions made by the Tribunal. As there is no reviewable decision before Tribunal it follows that the application for review made by the applicant on 13 November 2017 was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Mila Foster
   Member