1804259 (Refugee)

[2018] AATA 638

1804259 (Refugee) [2018] AATA 638 (9 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1804259

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Jason Pennell

DATE:9 March 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 9 March 2018 at 12.37pm

CATCHWORDS
Refugee – Protection Visa – Malaysia – Application for review not lodged within time limit

LEGISLATION
Migration Act 1958, ss 65, 494C
Migration Regulations 1994, rr 2.55, 4.31(2)

CASES

DZAFH v Minister of Immigration [2017] FCCA 387

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 19 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 [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.

4. The Tribunal finds that the applicant is taken to have been notified of the decision on [a particular date in] January 2018.[1] Therefore the prescribed period to apply for review ended on [a date earlier than 19 February 2018].

   [1] s.494C of the Act or r.2.55 of the Regulations; DZAFH v Minister of Immigration [2017] FCCA 387

5. By a letter dated 20 February 2018 the Tribunal advised the applicant that his application was not valid as it had not been lodged within the relevant time limit. The Tribunal invited the applicant to make any comments in writing as to whether a valid application had been made by 6 March 2018. No correspondence has been received by the Tribunal in reply to its letter. 

6. As the application for review was not received by the Tribunal until 19 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.

   Jason Pennell
   Member