1825257 (Refugee)

[2018] AATA 4587

1825257 (Refugee) [2018] AATA 4587 (27 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1825257

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Frances Simmons

DATE:27 September 2018

PLACE OF DECISION:  Sydney

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

Statement made on 27 September 2018 at 9:54am

CATCHWORDS
REFUGEE – Protection visa – Malaysia – decision refused by Tribunal – cannot review own decision – review application lodged 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 26 July 2016 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 29 August 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. The Tribunal notes that the date of the visa refused indicated in the application for review is the date of a previous decision by the Tribunal that it had no jurisdiction to review the decision of the delegate to refuse to grant the applicant a protection visa. The applicant has made numerous applications to the Tribunal seeking review of the decision of the delegate to refuse to grant him a protection visa. On each occasion, the Tribunal has found it does not have jurisdiction to review the decision and advised the applicant accordingly.  As the applicant has been previously informed, the Tribunal has no jurisdiction to review its own decisions.

3. The only decision on a visa applied for by the applicant is the decision of the delegate on 26 July 2016 to refuse to grant the applicant a protection visa. 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.The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 26 July 2016 and dispatched by post. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 10 September 2018 the Tribunal wrote to the applicant inviting him to comment on its view that the application for review was not valid because it was not lodged within the relevant time limits.  No response was received.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 4 August 2016: s.494C of the Act. Therefore the prescribed period to apply for review ended on 31 August 2016.

6. As the application for review was not received by the Tribunal until 29 August 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.

   Frances Simmons
   Member