1803764 (Refugee)

[2018] AATA 713

1803764 (Refugee) [2018] AATA 713 (14 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1803764

COUNTRY OF REFERENCE:                 Malaysia

MEMBER:Luke Hardy

DATE:14 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 14 March 2018 at 10:59am

CATCHWORDS
Refugee – Protection visa – Malaysia – Not reviewable decision – Application was not lodged within the prescribed period

LEGISLATION
Migration Act 1958, s. 65
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 [date]October 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 [date] 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. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 24 October 2017 and dispatched by email. Therefore the prescribed period to apply for review ended on [in] November 2017.

4. The Tribunal wrote to the applicant by email on 23 February 2018 to inform him of the jurisdictional issue and invite him to comment by 9 March 2018 on whether a valid review application had been made. The Tribunal has received no reply.

5. In the circumstances, the Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements. The Tribunal finds that the applicant is taken to have been notified of the decision on [14] October 2017.

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.

   Luke Hardy
   Member