Azizi (Migration)

[2023] AATA 3840

Azizi (Migration) [2023] AATA 3840 (8 November 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Bano Azizi Azizi

CASE NUMBER:  2314145

HOME AFFAIRS REFERENCE(S):          2021020687

MEMBER:Peter Katsambanis

DATE:8 November 2023

PLACE OF DECISION:  Perth

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

Statement made on 08 November 2023 at 1:08pm

CATCHWORDS
MIGRATION – Refugee and Humanitarian (Class XB) visa – Subclass 201 (In-country Special Humanitarian) – decision not reviewable by the Tribunal – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 338, 347
Migration Regulations 1994 (Cth), r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 11 September 2023 for review of a decision of a delegate of the Minister for Home Affairs, which was made on 2 September 2023, to refuse to grant the applicant a Refugee and Humanitarian (Class XB) visa. 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 or cancel visas and a range of sponsorship and nomination decisions but not a decision to refuse a Refugee and Humanitarian (Class XB) visa.

3. On 22 September 2003, the Tribunal wrote to the applicant expressing its view that the review application was not valid as decisions to refuse a Refugee and Humanitarian (Class XB) visa were not decisions which can be reviewed by the Tribunal. The applicant was invited to comment on this view by 6 October 2023. At the time of making this decision, Tribunal records indicate that no response has been received from the applicant.

4. As the delegate’s decision is not reviewable under Parts 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

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

   Peter Katsambanis
   Member