2204924 (Refugee)

[2022] AATA 3158

2204924 (Refugee) [2022] AATA 3158 (4 August 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2204924

MEMBER:Nora Lamont

DATE:4 August 2022

PLACE OF DECISION:  Brisbane

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

Statement made on 04 August 2022 at 2:08pm

CATCHWORDS
REFUGEE – protection visa – East Timor – visa application not valid and no decision made – no reviewable decision – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 411, 412

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 dependants.

statement of decision and reasons

application for review

1. An application was made to the Tribunal on 2 April 2022 for review of a Subclass 866 Protection Visa refusal. 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 (Cth) (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 (Cth). Sections 338 and 411 of the Act and reg 4.02(4) of the Migration Regulations 1994 (Cth) 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 the application for the visa was not valid and no decision was made on the application.

3. 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

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

   Nora Lamont
   Member