1834417 (Refugee)

[2019] AATA 1767

1834417 (Refugee) [2019] AATA 1767 (17 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1834417

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Rosa Gagliardi

DATE:17 January 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 17 January 2019 at 10:28am

CATCHWORDS

REFUGEE – protection visa – Malaysia – application made out of time – no jurisdiction

LEGISLATION

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 14 February 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 22 November 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. On 19 December 2018, the Tribunal wrote to the applicant in the interests of natural justice to advise that it appeared that her application for review was not lodged within the relevant time limit.

3. The applicant responded within time on 2 January 2019, stating that she had limited knowledge of the process for review after her view was refused.  At first she had wanted to study in Australia but the agent had told her that her student visa was refused so she tried her best to work and save money to fund her studies.  The applicant stated that she wanted to change her future and leave her country.

4. The Tribunal appreciates that the applicant wishes to remain in Australia but the Tribunal does not have the capacity to waive the time limits for filing a review application.  The Tribunal would urge the applicant to seek advice about her options.

5. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 14 February 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on

   
   

   14 February 2018.  Therefore the prescribed period to apply for review ended on 13 March 2018.

7. As the application for review was not received by the Tribunal until 22 November 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.

   Rosa Gagliardi
   Member