1807333 (Refugee)

[2018] AATA 1754

1807333 (Refugee) [2018] AATA 1754 (1 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1807333

COUNTRY OF REFERENCE:                  China

MEMBER:Luke Hardy

DATE:1 May 2018

PLACE OF DECISION:  Sydney

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

Statement made on 01 May 2018 at 2:27pm

CATCHWORDS

Refugee – Protection Visa – China – Notified in accordance with statutory requirements – No Jurisdiction

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 on 16 February 2018 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 19 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 16 February 2018 and dispatched by email. The prescribed period to apply for review would thus have ended on 15 March 2018.

4. The Tribunal wrote to the applicant by email on 28 March 2018 to advise him by way of an attached letter of the jurisdictional issue and to invite him to comment, by 11 April 2018, on whether a valid application had been made. The applicant wrote back on 29 March 2018 saying he had not been able to open the attached letter. The Tribunal evidently re-sent the letter on 4 April 2018. The applicant did not reply.

5. On the evidence before it, the Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements. The Tribunal thus finds that the applicant is taken to have been notified of the decision on 16 February 2018. Accordingly, the prescribed period to apply for review ended on 15 March 2018.

6. As the application for review was not received by the Tribunal until 19 March 2018, four days after the statutory deadline, 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.

   Luke Hardy
   Member