1801807 (Refugee)

[2018] AATA 566

1801807 (Refugee) [2018] AATA 566 (6 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1801807

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Luke Hardy

DATE:6 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 06 March 2018 at 10:19am

CATCHWORDS
Refugee – Protection visa – Malaysia – Review application out of time

LEGISLATION
Acts Interpretation Act 1901, s 36(2)
Migration Act 1958, s 65
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 [a date in] November 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 24 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 material before the Tribunal indicates that the applicant was notified of the decision by letter dated [a date in] November 2017 and dispatched by email. Therefore the prescribed period to apply for review ended on [a date in] December 2017. As the last day of the prescribed period fell on a Sunday, the applicant had until the end of the next day, [date] to lodge his application: s.36(2) of the Acts Interpretation Act 1901.

4. On 15 February 2018, the Tribunal wrote to the applicant by email to advise him of the jurisdictional issue and invite him to comment on whether a valid application for review was made. The Tribunal gave the applicant until 1 March 2018 to reply. The applicant has not responded.

5. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements, and finds that the applicant is taken to have been notified of the decision on [the date in] November 2017.

6. As the application for review was not received by the Tribunal until 24 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

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

   Luke Hardy
   Member