1821990 (Refugee)

[2018] AATA 5968

1821990 (Refugee) [2018] AATA 5968 (23 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1821990

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Ms Christine Long

DATE:23 August 2018

PLACE OF DECISION:  Sydney

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

Statement made on 23 August 2018 at 1:54pm

CATCHWORDS
REFUGEE – protection visa – Malaysia – application for review lodged out of time – no response to Tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494A
Migration Regulations 1994 (Cth), 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 29 July 2016 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. For the following reasons, the Tribunal finds that it has no jurisdiction to review the decision.

3. The review application was lodged with the Tribunal on 30 July 2018. As the applicant was not in immigration detention on the day the applicant was notified of the delegate’s decision, an application to the Tribunal for review of the decision had to be made within 28 days of notification, commencing on that day: r.4.31(2) of the Migration Regulations 1994.

4. Although the applicant’s application for review refers to the decision to be reviewed as being in relation to a subclass 866 (protection) visa notified to him on 1 July 2018, the material before the Tribunal indicates that the applicant was notified of the delegate’s decision about his protection visa application by letter dated 3 August 2016 which was dispatched to the applicant by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 3 August 2016: s.494C of the Act. Therefore the prescribed period to apply for review ended on 30 August 2016.

6. On 7 August 2018 the Tribunal wrote to the applicant inviting his comments by 21 August 2018 on the validity of his application for review, noting that the application appeared to have been made outside the prescribed period for lodging the application for review. As at the date of this decision no comments have been received by the Tribunal in response to its letter to the applicant.

7. As the application for review was not received by the Tribunal until 30 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

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

   Ms Christine Long
   Member