1800503 (Refugee)

[2018] AATA 95

1800503 (Refugee) [2018] AATA 95 (10 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1800503

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Sean Baker

DATE:10 January 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 10 January 2018 at 3:48pm

CATCHWORDS
Refugee – Protection visa – Malaysia – Review application out of time – No jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 431, 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 on [a date in] December 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 [a date in] January 2018. 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 Tribunal sent the applicant a letter noting the initial view that it did not have jurisdiction because his application may be out of time and seeking his comment.

4. The applicant responded, saying that:

   I'm apologize about i late to reply my aat form.Due to I lost my phone and just receive the all following problems.I just receive this email and seen at 6January 2018.I hope division official will give me a chance and will approve my tribunal refused of visa.I really need and must stay at Australia to get protection.Other than that.I hope that division also can make a work rights.I hope that I still can get protection by Australia Government.Hope to see division decision with all good news for me.

5. The applicant’s response does not identify any defect in the notification letter or in the manner of notification of the decision. The notification was sent to the email address given by the applicant to the Department, the same one the applicant provided to the Tribunal.

6. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated [in] December 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

7. The Tribunal finds that the applicant is taken to have been notified of the decision on [that date in] December 2017: s.494C of the Act. Therefore the prescribed period to apply for review ended on [a date in] January 2018. As the application for review was not received by the Tribunal until [a later date in] January 2018 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Sean Baker
   Member