1900064 (Refugee)

[2019] AATA 1750

1900064 (Refugee) [2019] AATA 1750 (4 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1900064

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Nicole Burns

DATE:4 February 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 04 February 2019 at 10:41am

CATCHWORDS

REFUGEE – protection visa – Malaysia – Application made out of time – No jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 65, 494C
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 28 November 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 2 January 2019. 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 28 November 2018 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 9 January 2019 the Tribunal wrote to the applicant inviting his comments on its preliminary view that the review application was lodged out of time.  No response was forthcoming.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 28 November 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 25 December 2018.

6. As the application for review was not received by the Tribunal until 2 January 2019 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.

   Nicole Burns
   Member