Hadadi (Migration)

[2018] AATA 3048

Hadadi (Migration) [2018] AATA 3048 (19 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Beni Hadadi

VISA APPLICANTS:  Olive Igiraneza

Pacifique Igiraneza

H-Rajabu Igiraneza

CASE NUMBER:  1812834

DIBP REFERENCE(S):  2018024796

MEMBER:Alison Murphy

DATE:19 June 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 19 June 2018 at 4:20pm

CATCHWORDS

Migration – Refugee and Humanitarian (Class XB) visas – Subclass 202 (Global Special Humanitarian) – no Tribunal-reviewable decision – no jurisdiction

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994, r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 3 May 2018 for review of a decision to refuse the visa applicants refugee and humanitarian (class XB) visas. The application for review to the Tribunal included a copy of the decision record dated 2 May 2018. The decision maker notes in that decision record that the application was considered under subclasses 200, 201, 202, 203 and 204 within the Refugee and Humanitarian visa class but the applicants did not satisfy the ‘compelling reasons’ criterion in each of the subclasses.

2. On 9 May 2018 the Tribunal wrote to the review applicant advising him that it appeared the review applicant may not be valid because a decision to refuse to grant a Refugee and Humanitarian (Class XB visa) is not a decision that can be reviewed by the Tribunal.  That letter invited his comment on whether a valid review application had been made.  On 21 and 22 May 2018 the review applicant provided a number of documents in response to the Tribunal’s letter, including a copy of the visa application and documents submitted in support of that application, documents from the UNHCR and Uganda Red Cross Society and police documents.

3. For the following reasons, the Tribunal considers it has no jurisdiction in respect of this application.

4. 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 or cancel visas and a range of sponsorship and nomination decisions but not a decision to refuse a visa applicant a refugee and humanitarian (class XB) visa.

5. 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

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

   Alison Murphy
   Member