2016736 (Refugee)

[2021] AATA 628

2016736 (Refugee) [2021] AATA 628 (27 January 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2016736

COUNTRY OF REFERENCE:                   China

MEMBER:Russell Matheson

DATE:27 January 2021

PLACE OF DECISION:  Sydney

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

Statement made on 27 January 2021 at 3:58pm

CATCHWORDS
REFUGEE – protection visa – China – application made out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494
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 20 October 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 17 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 20 October 2020 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 6 January 2021 a natural justice letter was sent to the applicant with an invitation to comment on the validity of the application for review in writing by 20 January 2021. To date, the applicant had not responded to the invitation.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 14 September 2020 in accordance with s.494 of the Act. Therefore, the prescribed period to apply for review ended on 16 November 2020.

6. As the application for review was not received by the Tribunal until 17 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