2101750 (Refugee)

[2021] AATA 1006

2101750 (Refugee) [2021] AATA 1006 (29 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2101750

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Roslyn Smidt

DATE:29 March 2021

PLACE OF DECISION:  Sydney

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

Statement made on 29 March 2021 at 12:15 PM

CATCHWORDS
REFUGEE – protection visa – Malaysia – 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 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 19 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 16 February 2021. 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 19 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 wrote to the applicant on 12 March 2021 to invite her to advise her that it appeared that the Tribunal did not have jurisdiction to review the decision has it had not been lodge within the relevant time frames. In response she did not dispute the fact that the application was lodge out of time but said that she had been confused about when she was required to lodge the application.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 19 June 2020: [s.494C of the Act]. Therefore, the prescribed period to apply for review ended on 16 July 2020.

6. As the application for review was not received by the Tribunal until 16 February 2021 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.

   Roslyn Smidt
   Member