1901245 (Refugee)

[2019] AATA 3580

1901245 (Refugee) [2019] AATA 3580 (6 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1901245

COUNTRY OF REFERENCE:                  Egypt

MEMBER:Stephen Witts

DATE:6 March 2019

PLACE OF DECISION:  Sydney

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

Statement made on 06 March 2019 at 1:25pm

CATCHWORDS

REFUGEE – protection visa – Egypt – application for review lodged out of time – extension of time – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 65

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 21 December 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 18 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 21 December 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 Tribunal finds that the applicant is taken to have been notified of the decision on 21 December 2018. Therefore the prescribed period to apply for review ended on 17 January 2019.

5. On 29 January 2019 the Tribunal wrote to the applicant’s representative inviting the applicant to provide information. On 12 February 2019 the Tribunal received a request for an extension of time to provide information. The Tribunal considered the request and granted an extension of time to receive information by 26 February 2019.

6. On 26 February 2019 the Tribunal received via email a letter dated 25 February 2019 from the applicant’s special counsel, [Mr A], addressing the issue of the validity of the appeal. The Tribunal has considered the submission by [Mr A] and has found that the application for review was not made in accordance with the relevant legislation.

7. Therefore, as the application for review was not received by the Tribunal until 18 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

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

   Stephen Witts
   Member