1805129 (Refugee)

[2018] AATA 883

1805129 (Refugee) [2018] AATA 883 (21 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1805129

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Linda Symons

DATE:21 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 21 March 2018 at 3:30pm

CATCHWORDS
Refugee – Protection Visa – Malaysia – Application not made within required timeframe

LEGISLATION
Migration Act 1958, ss 65, 494C
Migration Regulations 1994, 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 [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 27 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. On 1 March 2018, the Tribunal wrote to the applicant inviting him to make written comments by 15 March 2018 on whether a valid application for review had been made. This letter was sent to him by email on 1 March 2018. On 15 March 2018, the Tribunal received a response by email. He stated that he had overlooked the email from the Department of Home Affairs in relation to the refusal of his application for a Protection visa. He stated that [in] February 2018 he found out that his visa had expired. He stated that he then checked his email and found the email from the Department of Home Affairs in relation to the refusal of his application for a Protection visa. He stated that that is why he lodged his application for review on 27 February 2018. He stated that he hoped the Tribunal would consider his application. The Tribunal has no authority to extend the time for the lodging of an application for review. 

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

6. As the application for review was not received by the Tribunal until 27 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.

   Linda Symons
   Member