1819654 (Refugee)

[2018] AATA 3728

1819654 (Refugee) [2018] AATA 3728 (30 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1819654

MEMBER:Peter Vlahos

DATE:30 July 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 30 July 2018 at 11:59am

CATCHWORDS
Refugee – Protection visa – Fiji – No decision to review – Invalid application – No response from applicant – No jurisdiction

LEGISLATION
Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994 r 4.02(4)

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 5 July 2018 for review. 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 or cancel visas and a range of sponsorship and nomination decisions but the evidence before the Tribunal indicates that at the time of the review application was lodged, no relevant decision had been made.

3. On the 7 May 2018 b email, the Department informed the applicant that an invalid application had been submitted. The Department also indicated that under section 48A of the Migration Act 1958 a person who has not left Australia since their protection visa was refused or cancelled is prevented from making a subsequent protection visa application while they remain in Australia.

4. On 10 July 2018 the Tribunal wrote to the applicant inviting him to provide comments as to whether a valid application had been made and those should be submitted to the Tribunal by 24 July 2018.

5. As at the time of writing this decision, the Tribunal had not received any written submissions concerning the applicant’s application and any reason the applicant wished the Tribunal to consider concerning the application’s validity.

6. As the delegate’s decision is not reviewable under Parts 5 or 7 of the Act it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Peter Vlahos
   Member