1935033 (Refugee)

[2020] AATA 82

1935033 (Refugee) [2020] AATA 82 (6 January 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1935033

MEMBER:Joseph Lindsay

DATE:6 January 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 06 January 2020 at 4:24pm

CATCHWORDS

REFUGEE – Protection Visa – Malaysia – repeat application – no jurisdiction

LEGISLATION
Migration Act 1958, s 65

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 21 November 2019 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. This review application was lodged with the Tribunal on 11 December 2019. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. The applicant has made an application for review in circumstances where there is already an application for review lodged with the Tribunal on exactly the same matter that is currently on foot and has not yet been finally determined (case number 1933341).

4. Accordingly, the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Joseph Lindsay
   Member