1806612 (Refugee)

[2018] AATA 2531

1806612 (Refugee) [2018] AATA 2531 (13 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1806612

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Tania Flood

DATE:13 April 2018

PLACE OF DECISION:  Sydney

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

Statement made on 13 April 2018 at 3:23pm

CATCHWORDS
Refugee – Protection visa – Malaysia – Application out of time – No jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 494C
Migration Regulations 1994, r 4.31

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 13 October 2017 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 12 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 13 October 2017 and dispatched by email to the email address provided at the time of application. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 15 March 2018 the Tribunal wrote to the applicant advising him that his application appears not to be a valid application as it was not lodged within the relevant time limit.  The Tribunal invited the applicant to make any comments on whether a valid application has been made in writing by 9 April 2018.  The applicant did not respond to the Tribunal’s letter.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 13 October 2017 in accordance with s.494C of the Act. Therefore the prescribed period to apply for review ended on 9 November 2017.

6. As the application for review was not received by the Tribunal until 12 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

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

   Tania Flood
   Member