1803300 (Refugee)

[2018] AATA 729

1803300 (Refugee) [2018] AATA 729 (1 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1803300

MEMBER:Linda Symons

DATE:1 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 01 March 2018 at 12:12pm

CATCHWORDS
Refugee – Protection visa – Malaysia – No Jurisdiction – No decision to review

LEGISLATION
Migration Act 1958, s.29, s. 338, s.347, s.411, s.412
Migration Regulations 1994, Schedule 2, r. 4.02 (4)

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 7 February 2018 for review of a decision to refuse a subclass 866 Protection visa on [date] January 2018. 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 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse and cancel visas of various kinds and a range of sponsorship and nomination decisions. The Tribunal has no jurisdiction to review its own decisions.

3. The evidence before the Tribunal indicates that the applicant applied to the Department of Home Affairs (the Department) for a subclass 866 Protection visa on [date] December 2016. His application for the visa was refused by the Department on [date] March 2017. He lodged an application for review of that decision with the Tribunal and on [date] January 2018 the Tribunal (differently constituted) affirmed the decision made by the Department. (Tribunal file number 1705231). He was notified of the Tribunal’s decision by letter [date] January 2018. There is no record of the Department making a reviewable decision on [date] January 2018.

4. As no reviewable decision had been made on [date] January 2018, it follows that the application was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Linda Symons
   Member