1730827 (Refugee)

[2018] AATA 145

1730827 (Refugee) [2018] AATA 145 (17 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1730827

MEMBER:Lilly Mojsin

DATE:17 January 2018

PLACE OF DECISION:  Sydney

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

Statement made on 17 January 2018 at 10:32am

CATCHWORDS

Refugee – Protection Visa – Pakistan – Protection visa application invalid – No reviewable decision

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 46, 338, 347, 411, 412
Migration Regulations 1994, 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 6 December 2017 for review of decision made by the Department that the applicant’s application for a protection visa was invalid.

2. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

3. 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 the evidence before the Tribunal indicates that the delegate of the Department found that the applicant’s application for a protection visa was invalid pursuant to s.46(2A) of the Act.

4. The Tribunal wrote to the applicant on 19 December 2017 advising him that the Department had found his application invalid and that the decision made by the Department was therefore not reviewable by the Tribunal.

5. The applicant did not respond.

6. As there is no reviewable decision it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Lilly Mojsin
   Member