2110866 (Refugee)

[2021] AATA 4299

2110866 (Refugee) [2021] AATA 4299 (22 September 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2110866

COUNTRY OF REFERENCE:                   Thailand

MEMBER:Michael Hawkins AM

DATE:22 September 2021

PLACE OF DECISION:  Brisbane

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

Statement made on 22 September 2021 at 7:47am

CATCHWORDS

REFUGEE – protection visa – Thailand – review application 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 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 22 July 2021 to refuse to grant protection visas under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 20 August 2021. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. As the applicants were not in immigration detention on the day the applicants were 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 applicants were notified of the decision by letter dated 22 July 2021 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 wrote to the applicants on 24 August 2021 advising that it appears that their application for review is not a valid application as it was not lodged within the relevant time limit. The applicants were invited to comment on the information by 7 September 2021. No response to the invitation has been received from the applicants.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 22 July 2021: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 18 August 2021.

6. As the application for review was not received by the Tribunal until 20 August 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.

   Michael Hawkins AM
   Member