1808048 (Refugee)

[2018] AATA 1696

1808048 (Refugee) [2018] AATA 1696 (3 May 2018)

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DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1808048

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Linda Symons

DATE:3 May 2018

PLACE OF DECISION:  Sydney

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

Statement made on 03 May 2018 at 3:47pm

CATCHWORDS
Refugee – Protection visa – Malaysia – Review application lodged out of time

LEGISLATION
Acts Interpretation Act 1901, s 36(2)
Migration Act 1958, ss 36, 65, 494C
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 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 24 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.

4. On 3 April 2018, the Tribunal wrote to the applicant inviting him to make comments in writing by 17 April 2018 on whether a valid application for review had been made. This letter was sent to him by email on 3 April 2018. On 14 April 2018, the Tribunal received a response from him in which he stated that he applied for a review with his “lawyer [name]”. He stated that he was not aware that his representative submitted an application for review in a different name. He stated that he is an old man, does not know much about IT and that is why he “hired a lawyer” but unfortunately “it is not going well”. He requested that the Tribunal consider his application for review. His response did not address the validity of his application for review.  

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 19 February 2018: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 18 March 2018.

6. 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.

7. As the application for review was not received by the Tribunal until 24 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.

   Linda Symons
   Member