1728446 (Refugee)

[2017] AATA 2979

1728446 (Refugee) [2017] AATA 2979 (22 December 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1728446

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Jane Marquard

DATE:22 December 2017

PLACE OF DECISION:  Sydney

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

Statement made on 22 December 2017 at 8:28am

CATCHWORDS
Refugee – Protection visa – Malaysia – Review application lodged out of 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 16 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 24 November 2017 the Tribunal wrote to the applicant advising him that it appeared as if his application was not a valid application as it was not lodged within the relevant time limit. The Tribunal notified him that the prescribed period for review ended [in] November 2017 and his application was received on 16 November 2017. He was invited to make comments by 8 December 2017. No response was received as of the date of 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 [in] November 2017. As the application for review was not received by the Tribunal until 16 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