1805691 (Refugee)

[2018] AATA 1431

1805691 (Refugee) [2018] AATA 1431 (10 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1805691

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Rosa Gagliardi

DATE:10 April 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 10 April 2018 at 11:07am

CATCHWORDS

Refugee – Protection Visa – Malaysia – Multiple review application same decision – Tribunal cannot consider further – No Jurisdiction

LEGISLATION
Migration Act 1958, s 65

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 31 May 2016 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 4 March 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. On 16 March 2018, the Tribunal wrote to the applicant in the interests of natural justice to advise that it appeared that his application for review was not valid as the Tribunal had already made a decision in this matter and was unable to review a decision more than once. 

3. The applicant was provided with an opportunity to comment on the validity of his application but the applicant has elected not to respond.

4. The Tribunal advises that if it receives any further documentation that appears to seek review of the same delegate’s decision, it will not treat it as a new application for review. It will not allocate a new case number, or ask the applicant to comment on the validity of any purported review application, or make a further decision about whether it has jurisdiction to review that decision. The Tribunal will instead advise the applicant that the Tribunal cannot consider this case further.

5. As the application for review was not received by the Tribunal until 4 March 2018 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Rosa Gagliardi
   Member