2107122 (Refugee)

[2021] AATA 3218

2107122 (Refugee) [2021] AATA 3218 (29 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2107122

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Dr Colin Huntly

DATE:29 June 2021

PLACE OF DECISION:  Perth

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

Statement made on 29 June 2021 at 3:53pm

CATCHWORDS
REFUGEE – protection visa – Malaysia – application for review made more than 28 days after notification of visa refusal – no response to tribunal’s invitation to make submissions – 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 24 February 2016 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 30 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 material before the Tribunal indicates that the applicant was formally re-notified of the refusal decision by letter dated 16 May 2020 and dispatched by email.  The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. By letter dated 10 June 2021, the Tribunal invited the applicant to make any submissions on the foregoing, with a response being due by 24 June 2021.  As at the date of this decision, no submission has been received from the applicant in response to the Tribunal’s invitation.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 16 May 2020: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 12 June 2020.

6. As the application for review was not received by the Tribunal until 30 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.

   Dr Colin Huntly
   Member