2013057 (Refugee)

[2020] AATA 5146

2013057 (Refugee) [2020] AATA 5146 (10 November 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2013057

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Peter Emmerton

DATE:10 November 2020

PLACE OF DECISION:  Adelaide

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

Statement made on 10 November 2020 at 1:33pm

CATCHWORDS

REFUGEE – protection visa – Malaysia – application for review made more than 28 days after refusal decision – no response to tribunal’s natural justice letter – 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 dependants.

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 10 March 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 20 August 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 10 March 2020 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. No submissions have been received from the visa applicant, at the time of writing this decision, in response to the Natural Justice letter sent by the Tribunal on 24 August 2020.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 10 March 2020: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 6 April 2020.

6. As the application for review was not received by the Tribunal until 20 August 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.

   Peter Emmerton
   Member