2106166 (Refugee)

[2021] AATA 3086

2106166 (Refugee) [2021] AATA 3086 (29 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2106166

COUNTRY OF REFERENCE:                   Thailand

MEMBER:Denise Connolly

DATE:29 June 2021

PLACE OF DECISION:  Sydney

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

Statement made on 29 June 2021 at 1:22PM

CATCHWORDS
REFUGEE – protection visa – application lodged out of time – no response to tribunal’s invitation to comment – 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 9 April 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 10 May 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 Tribunal formed the preliminary view that the application for review was lodged out of time. It wrote to the applicant inviting her comments. She did not respond.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 9 April 2021 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 9 April 2021: s.494C of the Act. Therefore the prescribed period to apply for review ended on 6 May 2021.

6. As the application for review was not received by the Tribunal until 10 May 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.

   Denise Connolly
   Member