1827507 (Refugee)

[2018] AATA 4370

1827507 (Refugee) [2018] AATA 4370 (25 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1827507

COUNTRY OF REFERENCE:                  Vietnam

MEMBER:Paul Noonan

DATE:25 October 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 25 October 2018 at 11:30am

CATCHWORDS
REFUGEE – Protection visa – Vietnam – out of time application – 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 17 October 2016 to refuse to grant protection visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 19 September 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. As the applicants were not in immigration detention on the day the applicants were 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 applicants were notified of the decision by letter dated 17 October 2016 and dispatched by post. The Tribunal is satisfied that the applicants were notified of the decision in accordance with the statutory requirements.

4. The applicants made a submission to the Tribunal on 12 October 2018 stating that they had not received the decision dated 17 October 2016. The Tribunal notes that it is afforded no discretion to allow an out of time application to the Tribunal in such circumstances.

5. The Tribunal finds that the applicants are taken to have been notified of the decision on 26 October 2016: s.494C of the Act. Therefore the prescribed period to apply for review ended on 22 November 2016.

6. As the application for review was not received by the Tribunal until 19 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.

   Paul Noonan
   Member