1921598 (Refugee)

[2019] AATA 6842

1921598 (Refugee) [2019] AATA 6842 (31 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1921598

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Antonio Dronjic

DATE:31 October 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 31 October 2019 at 10:43am

CATCHWORDS
REFUGEE – Protection Visa – Malaysia – application lodged out of time – no jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 494C
Migration Regulations 1994, r 4.31

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 28 June 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 5 August 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 28 June 2019 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal formed the preliminary view that it did not have jurisdiction because the application for review was not received within the prescribed period for lodgement. The Tribunal wrote to the applicant on 23 August 2019 inviting submissions on this issue. No response was received by the Tribunal.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 28 June 2019: s.494C of the Act. Therefore the prescribed period to apply for review ended on 25 July 2019.

6. As the application for review was not received by the Tribunal until 5 August 2019 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Antonio Dronjic
   Member