1812113 (Refugee)

[2018] AATA 2584

1812113 (Refugee) [2018] AATA 2584 (4 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1812113

COUNTRY OF REFERENCE:                   China

MEMBER:Roslyn Smidt

DATE:4 June 2018

PLACE OF DECISION:  Sydney

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

Statement made on 04 June 2018 at 11:16am

CATCHWORDS
Refugee – Protection visa – China – Review application lodged out of time – No jurisdiction

LEGISLATION
Acts Interpretation Act 1901, s 36
Migration Act 1958, ss 65, 494C

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 12 March 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 27 April 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 12 March 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 May 2018 the Tribunal wrote to the applicant to advise him that it appeared that his application was not valid as it had not been lodged within the relevant time frame. He was invited to provide comments by 17 May 2018 but did not respond.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 12 March 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 8 April 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 9 April 2018: s.36(2) of the Acts Interpretation Act 1901.

7. As the application for review was not received by the Tribunal until 27 April 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.

   Roslyn Smidt
   Member