1903210 (Refugee)

[2019] AATA 3349

1903210 (Refugee) [2019] AATA 3349 (19 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1903210

MEMBER:Tim Connellan

DATE:19 March 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 19 March 2019 at 5:28pm

CATCHWORDS

REFUGEE – protection visa – Taiwan – application withdrawn with no decision – no jurisdiction

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994, 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 An application was made to the Tribunal on 12 February 2019 for review of a decision however the application had been withdrawn so no substantive decision had been made.  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 visas of various kinds and a range of sponsorship and nomination decisions, but the evidence before the Tribunal indicates that at the time the review application was lodged, no relevant decision had been made.

3. On 22 February 2019 the Tribunal sent the applicant a “Natural Justice” letter which stated in part:

   I am of the view that a withdrawn visa application is not a decision which can be
   reviewed by us.

   If you wish to make any comments on whether a valid application has been made, you are invited to do so, in writing, by 5 March 2019.

4. There is no evidence of a response.

5. As the application was withdrawn, there is no reviewable decision.

6. As there is no reviewable decision the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Tim Connellan
   Member