2104630 (Refugee)

[2021] AATA 2783

2104630 (Refugee) [2021] AATA 2783 (31 May 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2104630

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Justin Meyer

DATE:31 May 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 31 May 2021 at 3:04pm

CATCHWORDS

REFUGEE – Protection visa – Malaysia – application lodged out of time – No jurisdiction

LEGISLATION

Acts Interpretation Act 1901, s 36

Migration Act 1958, ss 65, 494C

Migration Regulations 1994, schedule 2, 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 15 July 2019 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 12 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 15 July 2019 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 15 July 2019: s.494C of the Act. Therefore the prescribed period to apply for review ended on 11 August 2019.

5. As the last day of the prescribed period fell on a Sunday, the applicant had until the end of the next day that was not a Saturday, a Sunday or a holiday to lodge his or her application, i.e. until 12 August 2019: s.36(2) of the Acts Interpretation Act 1901.

6. As the application for review was not received by the Tribunal until 12 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.

   Justin Meyer
   Member