1829431 (Refugee)

[2018] AATA 5122

1829431 (Refugee) [2018] AATA 5122 (31 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1829431

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Scott Clarey

DATE:31 October 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 31 October 2018 at 12:14pm

CATCHWORDS
REFUGEE – Protection visa – Malaysia – 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 18 January 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 8 October 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 18 January 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The material before the Tribunal indicates that the application for review was received by the Tribunal on 8 October 2018.

5. On 12 October 2018 the Tribunal wrote to the applicant to inform her that her application appeared to be out of time and invited her to comment on the validity of his application. The Tribunal did not receive a response to this letter.

6. The Tribunal finds that in accordance with s.494C of the Act, the applicant is taken to have been notified of the decision on 18 January 2018. Therefore the prescribed period to apply for review ended on 14 February 2018.

7. As the application for review was not received by the Tribunal until 8 October 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.

   Scott Clarey
   Member