1905823 (Refugee)

[2019] AATA 4987

1905823 (Refugee) [2019] AATA 4987 (15 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1905823

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Justine Clarke

DATE:15 April 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 15 April 2019 at 4:10pm

CATCHWORDS
REFUGEE – protection visa – Malaysia – review application lodged out of time – claim of honest mistake – 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 9 February 2019 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 12 March 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 9 February 2019 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 15 March 2019, the Tribunal sent a letter, by email, to the applicant inviting her to comment on the validity of the application for review given that the application appeared to have been made out of time. The letter requested any comments to be provided in writing by 29 March 2019.

5. On 23 March 2019, the Tribunal received a letter from the applicant explaining that she had made an honest mistake in understanding the correct time frame to apply for review.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 9 February 2019: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 8 March 2019.

7. As the application for review was not received by the Tribunal until 12 March 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.

   Justine Clarke
   Member