1728392 (Refugee)

[2018] AATA 211

1728392 (Refugee) [2018] AATA 211 (31 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1728392

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Jane Marquard

DATE:31 January 2018

PLACE OF DECISION:  Sydney

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

Statement made on 31 January 2018 at 11:30am

CATCHWORDS
Refugee – Protection Visa – Malaysia – Application not made in required timeframe

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] 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 15 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. On 14 December 2017 the Tribunal wrote to the applicant advising him that it appeared as if his application for review was not valid as it was not lodged within the relevant time limit. He was invited to make comments by 28 December 2017. On 26 December 2017 and 2 January 2018 the applicant provided comments. He said in emails on both these occasions that ‘I would like to inform that I have make in time for my Tribunal’.

5. The Tribunal has taken into consideration his submission that he had made an application in time. However the Tribunal notes that the applicant is taken to have been notified of the decision [in] October 2017. Therefore the prescribed period to apply for review ended on [a date earlier in] November 2017. As the application for review was not received by the Tribunal until 15 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.

   Jane Marquard
   Member