1820862 (Refugee)

[2018] AATA 3471

1820862 (Refugee) [2018] AATA 3471 (20 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1820862

MEMBER:Nicole Burns

DATE:20 August 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 20 August 2018 at 5:23pm

CATCHWORDS

Refugee – Protection visa – Malaysia – No reviewable decision made – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 338, 347, 411, 412

Migration Regulations 1994 (Cth), r.4.02

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 18 July 2018 for review of decision by the Department of Home Affairs that the Protection visa application was invalid. 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 and cancel visas of various kinds and a range of sponsorship and nomination decisions, but the evidence before the Tribunal indicates that at the time the review application was lodged, no relevant decision had been made.

3. On 20 July 2018 the Tribunal wrote to the applicant inviting her comments on its preliminary view that her review application was invalid.  No response was received. 

4. As no reviewable decision had been made at the time the review application was lodged it follows that the application was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Nicole Burns
   Member