2013812 (Refugee)

[2020] AATA 5546

2013812 (Refugee) [2020] AATA 5546 (1 December 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2013812

MEMBER:Alan McMurran

DATE:1 December 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 01 December 2020 at 1:20pm

CATCHWORDS
REFUGEE – protection visa – application for review of decision of Immigration Assessment Authority – decision to refuse temporary safe haven visa not reviewable under Act – no response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 338(1)(c), 347, 411, 412
Migration Regulations 1994 (Cth), r 4.02(4)

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 10 September 2020 for review of a decision made by the Immigration Assessment Authority (IAA) on 4 September 2020. The IAA reviewer affirmed the decision of the Department made 20 July 2020 to refuse the applicant a safe haven protection visa. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has 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.

3. Reviewable decisions include decisions to refuse or cancel visas, but a decision is not reviewable if it is a decision to refuse or to cancel a temporary safe haven visa: s.338(1)(c).

4. The Tribunal sent a natural justice letter to the applicant on 16 September 2020 informing the applicant that following the IAA reviewer’s decision on 4 September 2020, there was no further merits review available. The applicant was invited to comment and to respond on or before 20 September 2020.

5. The Tribunal did not receive any response.

6. As the delegate’s decision is not reviewable under Part 5 or 7 of the Act, it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Alan McMurran
   Member