1835553 (Refugee)

[2019] AATA 1763

1835553 (Refugee) [2019] AATA 1763 (22 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1835553

MEMBER:Angela Cranston

DATE:22 January 2019

PLACE OF DECISION:  Sydney

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

Statement made on 22 January 2019 at 12:53pm

CATCHWORDS

REFUGEE – protection visa – Vietnam – no reviewable decision – fast track decision – referral to IAA – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 347, 338, 411, 412
Migration Regulations 1994 (Cth), r 4.02

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. An application was made to the Tribunal on 4 December 2018 for review of a temporary protection visa that was lodged on 5 January 2016. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse and cancel a protection visa, but they do not include a ‘fast track decision’ made in relation to a protection visa application: s.411(2)(c).

3. The Tribunal wrote to the applicants stating it was of the opinion it did not have jurisdiction and that their case had been referred to the IAA on 4 December 2018. The applicants did not respond.

4. The decision that is the subject of the review application is a fast track decision and is not a reviewable decision. It follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

5. The Tribunal does not have jurisdiction in this matter.

   Angela Cranston
   Member