1820043 (Refugee)

[2018] AATA 3143

1820043 (Refugee) [2018] AATA 3143 (1 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1820043

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Jason Pennell

DATE:1 August 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 1 August 2018 at 2.42pm

CATCHWORDS
Refugee – Protection visa – Not in immigration detention – Review application lodged out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494C
Migration Regulations 1994 (Cth), Schedule 2, 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 28 September 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 10 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.[1]

   [1] 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 28 September 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 28 September 2017.[2] Therefore the prescribed period to apply for review ended on 25 October 2017.

   [2] s.494C of the Act or r.2.55 of the Regulations

5. By a letter dated 13 July 2018 the tribunal advised the applicant that his application for review was not lodged within the relevant time limit. The Tribunal invited the applicant to comment in writing by 27 July 2018 as to whether a valid application had been made. The Tribunal has not received any correspondence in response to its letter.

6. As the application for review was not received by the Tribunal until 10 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.

   Jason Pennell
   Member