2101870 (Refugee)

[2021] AATA 1061

2101870 (Refugee) [2021] AATA 1061 (16 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2101870

COUNTRY OF REFERENCE:                   Fiji

MEMBER:C. Packer

DATE:16 March 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 16 March 2021 at 10:18am

CATCHWORDS
REFUGEE – protection visa – Fiji – applicant was notified of the decision in accordance with the statutory requirements – application lodged out of 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 21 January 2021 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 18 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 21 January 2021 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 finds that the applicant is taken to have been notified of the decision on 21 January 2021 (s.494C of the Act) and so the prescribed period to apply for review ended on 17 February 2021.

5. The Tribunal sent a natural justice letter dated 18 February 2021 and invited the applicant to respond by 4 March 2021. However, no response has been received by the Tribunal within the given period.

6. As the application for review was not received by the Tribunal until 18 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.

   C. Packer
   Member