1815347 (Refugee)

[2018] AATA 2881

1815347 (Refugee) [2018] AATA 2881 (22 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1815347

COUNTRY OF REFERENCE:                  China

MEMBER:David McCulloch

DATE:22 June 2018

PLACE OF DECISION:  Sydney

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

Statement made on 22 June 2018 at 8:54am

CATCHWORDS
Refugee – Protection Visa – China – Application not received within required timeframe – Tribunal does not have jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), rr 4.31(2), 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 31 January 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 25 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 31 January 2018 and dispatched by email.

4. The Tribunal wrote to the applicant on 31 May 2018 indicating that, based on the primary decision being emailed to the applicant on 31 January 2018, that 31 January 2018 was the date on which she was taken to have been notified of the decision. On that basis, the last day for lodging the application for review was 27 February 2018. As the application was not received until 25 May 2018 it appeared to be out of time. The applicant was given the opportunity to respond to this preliminary view of the Tribunal. No response was received within the timeframe requested or prior to the finalisation of this decision.

5. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 31 January 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 27 February 2018.

7. As the application for review was not received by the Tribunal until 25 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

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

   David McCulloch
   Member