1921242 (Refugee)

[2020] AATA 894

1921242 (Refugee) [2020] AATA 894 (26 March 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1921242

COUNTRY OF REFERENCE:                   China

MEMBER:L. Symons

DATE:26 March 2020

PLACE OF DECISION:  Sydney

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

Statement made on 26 March 2020 at 11:52am

CATCHWORDS
REFUGEE – protection visa – China – applicant left Australia – not in migration zone at time of application – no response to tribunal’s communication – no jurisdiction

LEGISLATION            
Migration Act 1958 (Cth), ss 65, 412

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 has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 25 July 2019, to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act). This decision is reviewable under s.411 of the Act.

2. The review application was lodged with the Tribunal on 1 August 2019. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Pursuant to s.412(2) and (3) of the Act, an application for review for a decision of this type may only be made by the non-citizen who is the subject of the primary decision, and who is physically present in the migration zone when the application for review is made. ‘Migration zone’ is defined in s.5(1) of the Act and generally speaking means the Australian States and Territories.

4. The Tribunal wrote to the applicant on 14 February 2020 seeking his comments on the validity of his application for review in writing by 28 February 2020. This letter was sent to him by email on 14 February 2020. The Tribunal did not receive any notification that it had not been delivered. The Tribunal did not receive a response.

5. The evidence before the Tribunal indicates that the applicant departed Australia [in] July 2019 and has not returned to Australia since then. The Tribunal finds that the applicant was not in the migration zone at the relevant time. As such, the application for review is not a valid application made under s.412 and it follows the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   L. Symons
   Member