2102220 (Refugee)

[2021] AATA 1007

2102220 (Refugee) [2021] AATA 1007 (29 March 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2102220

COUNTRY OF REFERENCE:                   Thailand

MEMBER:  Wendy Banfield

DATE:  29 March 2021

PLACE OF DECISION:  Canberra

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

Statement made on 29 March 2021 at 1:58pm

CATCHWORDS
REFUGEE – protection visa – Thailand – application made out of time – applicant not informed by agent – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494C
Migration Regulations 1994 (Cth), r 4.31(2)

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 January 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 24 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 22 January 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 5 March 2021 the Tribunal wrote to the applicant inviting her to comment on the validity of the application for review by 19 March 2021. The applicant responded to the invitation on 18 March 2021 and advised that her visa matters had been dealt with by a migration agent who did not inform her about the Department’s decision. The applicant claimed she only found out when she checked her visa status online after contact from the Department. The applicant acknowledged it was her responsibility but stated she had trusted her agent.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 22 January 2020: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 18 February 2020.

6. As the application for review was not received by the Tribunal until 24 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.

   Wendy Banfield
   Member