2009001 (Refugee)

[2020] AATA 3433

2009001 (Refugee) [2020] AATA 3433 (6 July 2020)

DECISION RECORD

DIVISION:  Migration & Refugee Division

CASE NUMBER:  2009001

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:  Hugh Sanderson

DATE:  6 July 2020

PLACE OF DECISION:  Sydney

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

Statement made on 6 July 2020 at 1:25pm

CATCHWORDS

REFUGEE – protection visa – Malaysia – application made out of time – No jurisdiction

LEGISLATION

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

Migration Regulations 1994 (Cth), r 4.31

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 29 April 2020 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 27 May 2020. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

1. 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.

1. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 29 April 2020 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

1. The Tribunal wrote to the applicant on 10 June 2020 noting that as he was notified of the Department’s decision on 29 April 2020 the last day on which he could lodge a review of that decision was 26 May 2020. As his application was not lodged with the Tribunal until 27 May 2020 it appeared that his application had been lodged out of time. The applicant was invited to comment on or respond to this information. He was required to respond to this information by 24 June 2020. At the time of this decision, the Tribunal has not received any response from the applicant.

1. The Tribunal finds that the applicant is taken to have been notified of the decision on 29 April 2020: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 26 May 2020.

1. As the application for review was not received by the Tribunal until 27 May 2020 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

DECISION

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

Hugh Sanderson Member

Case Number 2009001  Page 2 of 2