2109528 (Refugee)

[2021] AATA 3522

2109528 (Refugee) [2021] AATA 3522 (9 August 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2109528

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Nicole Burns

DATE:9 August 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 09 August 2021 at 10:26am

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 (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 24 June 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 27 July 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 24 June 2021 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 30 July 2021 the Tribunal wrote to the applicant inviting his comments on its preliminary view that the review application was not valid because it was lodged out of time.  In an email (dated 30 July 2021) from the applicant in response he states that he did not realise the actual date needed to submit the review application and missed the date, noting he was in lockdown and forgot the date and time.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 24 June 2021: s.494C of the Act. Therefore the prescribed period to apply for review ended on 21 July 2021.

6. As the application for review was not received by the Tribunal until 27 July 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.

   Nicole Burns
   Member