1812180 (Refugee)

[2018] AATA 2589

1812180 (Refugee) [2018] AATA 2589 (22 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1812180

MEMBER:Anne Grant

DATE:22 May 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 22 May 2018 at 9:37am

CATCHWORDS
Refugee – Protection visa – Malaysia – Review application previously dismissed – No longer a reviewable decision

LEGISLATION
Migration Act 1958, ss 65, 426, 431

CASES
Jayasinghe v MIEA (1997) 76 FCR 301
SZASP v MIAC [2007] FCA 771
SZBWJ v MIAC [2008] FMCA 164

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 June 2017 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 29 April 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. An application for review of the same delegate’s decision was previously made to the Tribunal. On 7 February 2018, the Tribunal dismissed that application under s.426(1A)(b) of the Act as the applicant did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing. The applicant did not apply for reinstatement of the application within 14 days and on 23 February 2018, the tribunal confirmed the decision to dismiss the application. According to s.426 (1F) of the Act, if the Tribunal confirms the decision to dismiss the application, the decision under review is taken to be affirmed.

4. Where the Tribunal has received a valid application for review of a reviewable decision and carried out its statutory duty to review the decision under the Act, the decision is no longer a reviewable decision: SZBWJ v MIAC [2008] FMCA 164 at [41] and the cases cited therein. The Tribunal has no jurisdiction to review a delegate’s decision twice: Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771.

5. On 1 May 2018, the Tribunal wrote to the applicant and asked him to make any comments on whether a valid application for review has been made by 15 May 2018.  No response has been received.

6. As the delegate’s decision has already been the subject of a valid review by the Tribunal, it is no longer a reviewable decision. Accordingly, the Tribunal no longer has jurisdiction in relation to that decision.

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   Anne Grant
   Member