1825623 (Refugee)

[2018] AATA 5248

1825623 (Refugee) [2018] AATA 5248 (25 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1825623

COUNTRY OF REFERENCE:                 Fiji

MEMBER:Rodger Shanahan

DATE:25 September 2018

PLACE OF DECISION:  Sydney

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

Statement made on 25 September 2018 at 2:04pm

CATCHWORDS

REFUGEE – protection visa – Fiji – detention – outside of time frame to lodge visa application – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulation 1994, Schedule 2, r 4.31(1)

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 23 August 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 3 September 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. As the applicant was 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 7 working days, commencing on that day. If that day was not a working day, the period commenced on the first working day after that day: r: r.4.31(1) of the Migration Regulations 1994.

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 23 August 2018 and dispatched by hand. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. I have taken into account the applicant’s response in which he claimed that he didn’t lodge his application for review until Monday 2 September because 31 August 2018 fell on a Saturday.  His rationale lacks credibility given 31 August was a Friday.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 23 August 2018. Therefore the prescribed period to apply for review ended on 31 August 2018.

6. As the application for review was not received by the Tribunal until 3 September 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.

   Rodger Shanahan
   Member