1806430 (Refugee)

[2018] AATA 1417

1806430 (Refugee) [2018] AATA 1417 (4 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1806430

COUNTRY OF REFERENCE:                  China

MEMBER:Nathan Goetz

DATE:4 April 2018

PLACE OF DECISION:  Sydney

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

Statement made on 04 April 2018 at 6:00pm

CATCHWORDS

Refugee – Protection Visa – China – Notified in accordance with statutory requirements – Applied after the prescribed period for review ended

LEGISLATION
Migration Act 1958, s.65
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 and Border Protection to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant arrived in Australia on 2 April 2017 and applied the protection visa on 29 June 2017. The delegate refused to grant the visa on 17 October 2017 and the applicant lodged an application for review of this decision with the Tribunal on 9 March 2018.

3. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

4. 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.

5. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 17 October 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements, and finds that the applicant is taken to be notified on 17 October 2017 of the decision: s.494C of the Act. Therefore the prescribed period to apply for review ended on 13 November 2017.

6. The Tribunal wrote to the applicant by letter dispatched by email on 15 March 2018 indicating that it appeared to the Tribunal that it had no jurisdiction to consider his review application because he had not filed his review application by 13 November 2017. The Tribunal advised the applicant that if wished to comment on this information, he should do so in writing by 29 March 2018. The Tribunal has never received a response from the applicant.

7. As the application for review was not received by the Tribunal until 9 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.

   Nathan Goetz
   Member