1805828 (Refugee)

[2018] AATA 1068

1805828 (Refugee) [2018] AATA 1068 (26 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1805828

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Nicole Burns

DATE:26 March 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 26 March 2018 at 10:48am

CATCHWORDS
Refugee – Protection visa – Malaysia – Notified in accordance with statutory requirements – No Jurisdiction


LEGISLATION

Acts Interpretation Act 1901

Migration Act 1958, ss 65, 494C, 36(2),
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 on [date] August 2017 to refuse to grant protection visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 5 March 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] August 2017 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 wrote to the applicants on 7 March 2018 inviting their comments on its preliminary view that the review applications were lodged out of time.  In response the first named applicant sent the Tribunal an email with a letter and a number of untranslated documents attached.  In the letter she states that her application was made by an agent whom she lost contact with. 

5. The Tribunal finds that the applicant is taken to have been notified of the decision on [date] August 2017: s.494C of the Act. Therefore the prescribed period to apply for review ended on [date A] September 2017.

6. As the last day of the prescribed period fell on a Sunday, the applicant had until the end of the next day that was not a Saturday, a Sunday or a holiday to lodge his or her application, i.e. until [date B] September 2017: s.36(2) of the Acts Interpretation Act 1901.

7. As the application for review was not received by the Tribunal until 5 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

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

   Nicole Burns
   Member