2017174 (Refugee)

[2021] AATA 509

2017174 (Refugee) [2021] AATA 509 (12 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2017174

MEMBER:Bridget Cullen

DATE:12 February 2021

PLACE OF DECISION:  Brisbane

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

Statement made on 12 February 2021 at 12.34pm

CATCHWORDS
REFUGEE – protection visa – Thailand – invalid application – no reviewable decision – No jurisdiction

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

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 27 November 2020. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction 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. They include decisions to refuse visas of various kinds, but the evidence before the Tribunal indicates that there is no decision to review.

3. The Tribunal received an application form from the applicant that attached a grant of a Bridging Visa (Class WE) visa. The Tribunal could not locate any reviewable decision. The closest the Tribunal could find anything, was there was an application for a protection visa deemed invalid by the Department of Home Affairs on 3 August 2020.

4. The Tribunal wrote to the applicant on 10 December 2020 about the lack of a decision to refuse a visa, and a lack of a reviewable decision. The Tribunal did not receive a response.

5. As there is no reviewable decision it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Bridget Cullen
   Member