1932347 (Refugee)

[2020] AATA 1852

1932347 (Refugee) [2020] AATA 1852 (17 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1932347

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Ann Duffield

DATE:17 April 2020

PLACE OF DECISION:  Brisbane

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

Statement made on 17 April 2020 at 12:16pm

CATCHWORDS

REFUGEE – protection visa – Malaysia – review application out of time – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 65, 494C
Migration Regulations 1994 (Cth), 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 24 March 2017 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 13 November 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 24 March 2017 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 wrote to the applicant on 12 December 2019 seeking his comments on the Tribunal’s assessment that his application was lodged outside the statutory timeframes. The applicant did not respond.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 24 March 2017: s.494C of the Act. Therefore the prescribed period to apply for review ended on 20 April 2017.

6. As the application for review was not received by the Tribunal until 13 November 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.

   Ann Duffield
   Senior Member