1819185 (Refugee)

[2018] AATA 3727

1819185 (Refugee) [2018] AATA 3727 (25 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1819185

COUNTRY OF REFERENCE:                  Fiji

MEMBER:Roslyn Smidt

DATE:25 July 2018

PLACE OF DECISION:  Sydney

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

Statement made on 25 July 2018 at 11:02am

CATCHWORDS

Refugee – Protection Visa – Fiji – Application lodged out of time – No jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 494C,

Migration Regulations 1994, r 4.31(2)

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 1 June 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 2 July 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 1 June 2018 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 1 June 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 28 June 2018.

5. On 9 July 2018 the Tribunal wrote to the applicant to advise him that it appeared it did not have jurisdiction to review his case. In response he stated that he was not familiar with the procedures involved in applying for review, but made no other submissions,

6. As the application for review was not received by the Tribunal until 2 July 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.

   Roslyn Smidt
   Member