1837913 (Refugee)

[2019] AATA 1403

1837913 (Refugee) [2019] AATA 1403 (1 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1837913

MEMBER:Jason Pennell

DATE:1 February 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 1 February 2019 at 11.58am

CATCHWORDS
REFUGEE – protection visa – Indonesia – application made in error – no protection application on Department record – no jurisdiction

LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth), s 29
Migration Act 1958 (Cth), ss 338, 347, 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 25 December 2018 for review of a decision to refuse to grant a protection visa. 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 visas of various kinds, but the evidence before the Tribunal indicates that the application for a review of a decision to refuse to grant a protection visa was made in error as there are no departmental records which indicate that the applicant has been refused a protection visa.

3. By a letter dated 28 December 2019 the Tribunal advised the applicant that the application for review of a decision to refuse to grant a protection visa had been made in error as are no departmental records which indicate that a decision to refused a protection visa had been made. The Tribunal confirmed to the applicant that she had made an application on 26 December 2018 for review of a decision to refuse [another] visa (case No [deleted]). The Tribunal invited to complete form withdrawing the application. The Tribunal has not received any correspondence in response to its letter. 

4. As there is no 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.

   Jason Pennell
   Member