1803749 (Refugee)

[2018] AATA 641

1803749 (Refugee) [2018] AATA 641 (7 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1803749

COUNTRY OF REFERENCE:                  China

MEMBER:Roslyn Smidt

DATE:7 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 07 March 2018 at 5:46pm

CATCHWORDS
Refugee – Protection visa – China – No Jurisdiction – Application was not made within 28 days

LEGISLATION
Migration Act 1958, ss 36, 65, 494c
Migration Regulations 1994, Schedule 2, r. 4.31(2)

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 [in] January 2018 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 13 February 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. On 16 February 2018 the Tribunal wrote to the applicant to advise him that it appeared that his application was invalid as it had not been lodged within the relevant timeframes and invite him to forward comments by 2 March 2018. No response has been received.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter [in] January 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal finds that the applicant is taken to have been notified of the decision [in] January 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on [date] February 2018.

6. As the application for review was not received by the Tribunal until [date] February 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.

   Roslyn Smidt
   Member