1820665 (Refugee)

[2018] AATA 3215

1820665 (Refugee) [2018] AATA 3215 (9 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1820665

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Linda Symons

DATE:9 August 2018

PLACE OF DECISION:  Sydney

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

Statement made on 09 August 2018 at 3:15pm

CATCHWORDS

Refugee – Protection visa – Malaysia – Application 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 14 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 16 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 she 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 14 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. On 20 July 2018, the Tribunal wrote to the applicant inviting her to make comments in writing by 3 August 2018 on whether a valid application for review had been made. This letter was sent to her by email on 20 July 2018. The email was not returned undelivered.  The Tribunal has not received any response to its letter dated 3 August 2018.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 14 June 2018: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 11 July 2018.

6. As the application for review was not received by the Tribunal until 16 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.

   Linda Symons
   Member