1821866 (Refugee)

[2018] AATA 4368

1821866 (Refugee) [2018] AATA 4368 (5 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1821866

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Jane Marquard

DATE:5 September 2018

PLACE OF DECISION:  Sydney

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

Statement made on 05 September 2018 at 12:49pm

CATCHWORDS
REFUGEE – Protection visa – Malaysia – review application lodged out of time – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 65
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 25 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 27 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 25 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 7 August 2018 the Tribunal wrote to the applicant notifying him that it appeared that his application was not valid as it was not lodged within the relevant time limit. The applicant was invited to comment by 21 August 2018. As at the date of this decision no response was received.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 25 June 2018. Therefore the prescribed period to apply for review ended on 22 July 2018.

6. As the application for review was not received by the Tribunal until 27 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.

   Jane Marquard
   Member