1912532 (Refugee)

[2019] AATA 4563

1912532 (Refugee) [2019] AATA 4563 (1 July 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1912532

MEMBER:Russell Matheson

DATE:1 July 2019

PLACE OF DECISION:  Sydney

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

Statement made on 01 July 2019 at 9:04am

CATCHWORDS
REFUGEE – protection visa – China – no reviewable decision – No jurisdiction

LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth), s 29
Migration Act 1958 (Cth), ss 48A, 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 20 May 2019 for review of a Protection (Subclass 866) visa refusal.  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. The Department of Home Affairs advised in an [email] that the applicant had lodged an invalid visa application, therefore a non-reviewable decision. On 24 May 2019 a natural justice letter was sent to the [applicant] notifying the applicant that his application is not a valid application as the Department of Home Affairs had not made a decision to refuse or cancel his visa and therefore there is no decision for the Tribunal to review. The applicant was invited by the Tribunal to make comment on whether a valid application had been made, in writing by 7 June 2019. No response has been received by the applicant to date.

4. As no reviewable decision had been made at the time the review application was lodged it follows that the application 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.

   Russell Matheson
   Member