1920410 (Refugee)

[2019] AATA 6879

1920410 (Refugee) [2019] AATA 6879 (23 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1920410

COUNTRY OF REFERENCE:                   Bangladesh

MEMBER:Kira Raif

DATE:23 October 2019

PLACE OF DECISION:  Sydney

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

Statement made on 23 October 2019 at 3:13pm

CATCHWORDS

REFUGEE – Protection Visa – Bangladesh – protection visa application was invalidly made non-reviewable 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 25 July 2019 for review of the decision that the application for the protection visa was invalidly 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 visas of various kinds, but the evidence before the Tribunal indicates that in this case, the decision by the delegate was to find that the applicant made an invalid application for the protection visa. There was no decision to refuse to grant the visa to the applicant.

3. On 4 September 2019 the Tribunal wrote to the applicant seeking his comments in relation to its jurisdiction. At the time of this decision, the applicant has not provided his response.

4. The Tribunal finds that there is no decision to refuse to grant the visa to the applicant. A decision that the primary application was not a valid one is not a reviewable decision. As there is no reviewable decision, it follows that the application for review 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.

   Kira Raif
   Senior Member