1806906 (Refugee)

[2018] AATA 1438

1806906 (Refugee) [2018] AATA 1438 (12 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1806906

MEMBER:Peter Vlahos

DATE:12 April 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 12 April 2018 at 8:22am

CATCHWORDS
Refugee – Protection Visa – Malaysia – Multiple review application same decision – No Jurisdiction

LEGISLATION
Migration Act 1958, ss 338, 347, 411, 412
Administrative Appeals Tribunal Act 1975, s 29

Migration Regulations 1994, r 4.02(4)

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. An application was made to the Tribunal on 14 March 2018 for review. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse or cancel visas and a range of sponsorship and nomination decisions but the evidence before the Tribunal indicates that at the time of the review application was lodged, no relevant decision had been made.

3. On 29 April 2016 the applicant lodged an application for review and the Tribunal affirmed the visa refusal on 19 December 2017 (case no.1606053). The applicant again submitted a further application for review of the same decision on 18 January 2018 (case no.1801331) which resulted in a finding of no jurisdiction because the same decision had been reviewed on a previous occasion. The Tribunal noted that this was the applicant’s third review application for the same decision.

4. On 16 March 2018, the information above was set out in a letter to the applicant, inviting the applicant to comment no later than 3 April 2018.

5. No response was received.

6. As the delegate’s decision is not reviewable under Parts 5 or 7 of the Act it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Peter Vlahos
   Member