2104401 (Refugee)

[2021] AATA 1861

2104401 (Refugee) [2021] AATA 1861 (4 May 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2104401

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Peter Vlahos

DATE:4 May 2021

PLACE OF DECISION:  Melbourne

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

This Statement was made on 4 May 2021 at 7.24AM

CATCHWORDS
REFUGEE – protection visa – Malaysia – applicant was notified of the decision in accordance with the statutory requirements – application lodged 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 3 April 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 7 April 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 3 April 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 wrote to the Tribunal explaining that the time limits for submitting his application had not been met because he had “overlooked” the correspondence he had received. It is the applicant’s responsibility to be total cognisant with all correspondence received from the Department and Tribunal. Sadly, in this instance the applicant has neglected this responsibility.

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

6. As the application for review was not received by the Tribunal until 7 April 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.

   Peter Vlahos
   Member