1808916 (Refugee)

[2018] AATA 1317

1808916 (Refugee) [2018] AATA 1317 (2 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1808916

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Mireya Hyland

DATE:2 May 2018

PLACE OF DECISION:  Sydney

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

Statement made on 02 May 2018 at 8:39pm

CATCHWORDS

Refugee – Protection visa – Malaysia – Review application out of time – Invalid application

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 27 February 2018 to refuse to grant the applicant, a protection visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 31 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 he 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 27 February 2018 and dispatched by email. The Tribunal is satisfied that he was notified of the decision in accordance with the statutory requirements.

4. On 12 April 2018 the Tribunal wrote to [the applicant] inviting him to comment on the validity of his application for review by 26 April 2018. At the date of this decision the Tribunal has not received any comments from [the applicant].

5. The Tribunal finds that [the applicant] is taken to have been notified of the decision on 27 February 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 26 March 2018.

6. As the application for review was not received by the Tribunal until 31 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.

   Mireya Hyland
   Member