2000573 (Refugee)

[2020] AATA 1323

2000573 (Refugee) [2020] AATA 1323 (20 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2000573

COUNTRY OF REFERENCE:                   Thailand

MEMBER:Nora Lamont

DATE:20 April 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 20 April 2020 at 2:25pm

CATCHWORDS

REFUGEE – protection visa – Thailand – application for review submitted out of time – agent had email and applicant didn’t have password – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 65, 494C

Migration Regulations 1994 (Cth), r 4.31(2)

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. This is an application for review of a decision of a delegate of the Minister for Immigration on 12 December 2019 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 11 January 2020. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. As the applicant was not in immigration detention on the day the applicant was notified of the decision, an application for review of the decision had to be made within 28 days, commencing on that day: r.4.31(2) of the Migration Regulations 1994.

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 12 December 2019 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The applicant responded to the invitation to comment and stated that her agent had the email and she did not have the password. It wasn’t until later she realised that she needed to put in an application. She did so herself and without the agent. She is sorry it was late.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 12 December 2019: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 8 January 2020.

6. As the application for review was not received by the Tribunal until 11 January 2020 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Nora Lamont
   Member