1814068 (Refugee)

[2018] AATA 2549

1814068 (Refugee) [2018] AATA 2549 (20 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1814068

COUNTRY OF REFERENCE:                  China

MEMBER:Luke Hardy

DATE:20 June 2018

PLACE OF DECISION:  Sydney

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

Statement made on 20 June 2018 at 9:54am

CATCHWORDS
Refugee – Protection visa –  China – Application out of time – No jurisdiction

LEGISLATION
Migration Act 1958, s 65
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 16 April 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 15 May 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 16 April 2018 and dispatched by email. Therefore the prescribed period to apply for review would have ended on 13 May 2018.

4. The Tribunal wrote to the applicant on 1 June 2018 advising him of the jurisdictional issue and inviting him to comment by 15 June 2018 on whether a valid review application had been made. The Tribunal received no reply.

5. On the evidence before it, the Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements. The Tribunal finds that the applicant is taken to have been notified of the decision on 16 April 2018. Accordingly, the Tribunal finds that the prescribed period to apply for review ended on 13 May 2018. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

6. As the application for review was not received by the Tribunal until 15 May 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.

   Luke Hardy
   Member