1802028 (Refugee)

[2018] AATA 381

1802028 (Refugee) [2018] AATA 381 (21 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1802028

MEMBER:Dr Colin Huntly

DATE:21 February 2018

PLACE OF DECISION:  Perth

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

Statement made on 21 February 2018 at 1:00pm

CATCHWORDS

Refugee – Protection visa – Malaysia – Jurisdictional limitations – Decision already affirmed by the Tribunal

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29

Migration Act 1958, ss 338, 347, 411, 412

Migration Regulations 1994, r 4.02

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. An application was made to the Tribunal on [date] January 2018 for review of a decision of a delegate of the Minister for Immigration not to grant you both a protection visa.  For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. 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 (the Regulations) 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.

3. The evidence before the Tribunal indicates that you both seek review of a decision that has already been affirmed by this Tribunal. As there is no provision at s.338 or s.411 of the Act, or r.4.02(4) of the Regulations for the Tribunal to review its previous decision to affirm a decision of a Delegate, the Tribunal has no jurisdiction to conduct the review that you both seek.

4. The Tribunal wrote to you both on 31 January 2018 pointing out this jurisdictional issue and inviting you both to make written submissions as to why the Tribunal might have jurisdiction to consider your application for review.  The deadline, stipulated in the Tribunal’s 18 January 2018 letter, for receipt of submissions from you was 14 February 2018.  No submissions have been received from either of you as at the date of this decision.

5. As the delegate’s decision is not reviewable under Parts 5 or 7 of the Act it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Dr Colin Huntly
   Member