1807473 (Refugee)

[2018] AATA 1466

1807473 (Refugee) [2018] AATA 1466 (11 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1807473

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Nathan Goetz

DATE:11 April 2018

PLACE OF DECISION:  Sydney

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

Statement made on 11 April 2018 at 11:21am

CATCHWORDS

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

LEGISLATION

Migration Act 1958, ss 65, 494C(5)
Acts Interpretation Act 1901, s 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 and Border Protection on 19 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 20 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 19 February 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements. In accordance with s.494C(5) of the Act, the applicant is taken to have been notified of the decision on 19 February 2018. Therefore the prescribed period to apply for review ended on Sunday 18 March 2018.

4. 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 19 March 2018: s.36(2) of the Acts Interpretation Act 1901.

5. The Tribunal wrote to the applicant by letter dispatched by email on 23 March 2018 raising the issue of the timeframe for review not being met and invited the applicant to comment in writing on the validity of his application by 6 April 2018. The Tribunal has never received a response from the applicant.

6. As the application for review was not received by the Tribunal until 20 March 2018, and his last day for lodging his review was 19 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.

   Nathan Goetz
   Member