2011288 (Refugee)

[2021] AATA 683

2011288 (Refugee) [2021] AATA 683 (19 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2011288

COUNTRY OF REFERENCE:                   Vietnam

MEMBER:Sean Baker

DATE:19 February 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 19 February 2021 at 10:40am

CATCHWORDS
REFUGEE – protection visa – Vietnam – application made more than 28 days after notification of delegate’s decision – no provision to extend 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 3 June 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 7 July 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 3 June 2020 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal provided the applicant with an opportunity to comment. In their response, the applicant said that they were not skilled in English or using technology, that they had missed the notification from the Department and for these reasons had submitted their review application late.

5. The applicant has not identified any defect in the notification. The Tribunal does not have capacity to extend time.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 3 June 2020: s.494C of the Act. Therefore the prescribed period to apply for review ended on 30 June 2020.

7. As the application for review was not received by the Tribunal until 7 July 2020 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Sean Baker
   Member