1814320 (Refugee)

[2018] AATA 2777

1814320 (Refugee) [2018] AATA 2777 (28 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1814320

MEMBER:Paul Millar

DATE:28 June 2018

PLACE OF DECISION:  Sydney

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

Statement made on 28 June 2018 at 4:45pm

CATCHWORDS
Refugee – Protection Visa – Malaysia – Protection visa application invalid – Non-reviewable decision – No jurisdiction

LEGISLATION
Migration Act 1958, ss 338, 347, 411, 412
Administrative Appeals Tribunal Act 1975, s 29
Migration Regulations 1994, r 4.02

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. An application was made to the Tribunal on 17 May 2018 for review of a finding by a delegate that an application for a protection visa made by the applicant on 6 February 2018 was invalid. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse visas of various kinds, but the evidence before the Tribunal indicates that this finding by the delegate is not reviewable because the protection visa application is invalid.

3. By letter dated 30 May 2018, the Tribunal put this to the applicant.  By email dated 14 June 2018, the applicant stated that he did not receive notification of the delegate’s decision.  As there is no reviewable decision it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Paul Millar
   Member