1816157 (Refugee)

[2018] AATA 2555

1816157 (Refugee) [2018] AATA 2555 (26 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1816157

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Joseph Lindsay

DATE:26 June 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 26 June 2018 at 1:24pm

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

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494C
Migration Regulations 1994 (Cth), 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 30 May 2017 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 2 June 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 May 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal finds that the applicant is taken to have been notified of the decision on 31 May 2017 in accordance with s.494C of the Act. Therefore the prescribed period to apply for review ended on 27 June 2017.

5. On 7 June 2018, the Tribunal wrote to the applicant indicating that his application was out of time and sought his response. On 22 June 2018, the applicant responded and stated:

   The reasons why I send my application visa late, because at first i trying to find an agent to help me applying the visa but then suddenly i've been lied by my agent. Other than that, I try to do it by myself but i really don't have any idea how to apply. Thus, to resolve the problem, i find a lawyer to help me solving my application visa and unfortunately it too expensive and i couldn't afford the cost.

6. The Tribunal notes the applicant’s response. However, as the application for review was not received by the Tribunal until 2 June 2018, nearly one year after the prescribed period to apply for review ended on 27 June 2017, 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.

   Joseph Lindsay
   Member