2016628 (Refugee)

[2021] AATA 382

2016628 (Refugee) [2021] AATA 382 (28 January 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2016628

COUNTRY OF REFERENCE:                   Fiji

MEMBER:Russell Matheson

DATE:28 January 2021

PLACE OF DECISION:  Sydney

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

Statement made on 28 January 2021 at 9:30am

CATCHWORDS

REFUGEE – protection visa – Fiji – review application out of time – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 494C
Migration Regulations 1994, 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 22 November 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 13 November 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 July 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 applicant was sent a natural justice letter on 7 January 2021 and invited to respond in writing by 21 January 2021. The applicant responded on 15 January 2021 stating that his review application was lodged late because of his lack of knowledge. He further states that he could not afford a migration agent and was assisted by a friend and had no idea of adhering to immigration laws especially submitting documents before the due date.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 3 July 2020 in accordance with s,494C of the Act. Therefore, the prescribed period to apply for review ended on 30 July 2020.

6. As the application for review was not received by the Tribunal until 13 November 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.

   Russell Matheson
   Member