1731918 (Refugee)

[2018] AATA 148

1731918 (Refugee) [2018] AATA 148 (22 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1731918

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Angela Cranston

DATE:22 January 2018

PLACE OF DECISION:  Sydney

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

Statement made on 22 January 2018 at 4:11pm

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] April 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 [in] December 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] November 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 Tribunal wrote to the applicant stating that it was of the view that his application was not valid because it was not lodged within the relevant time limit. The applicant did not respond within the requested time frame.

5. The Tribunal finds that the applicant is taken to have been notified of the decision [in] November 2017: s.494C of the Act. Therefore the prescribed period to apply for review ended [on a date in] December 2017.

6. As the application for review was not received by the Tribunal until [a later date in] December 2017 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Angela Cranston
   Member