2114320 (Refugee)

[2022] AATA 1738

2114320 (Refugee) [2022] AATA 1738 (26 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2114320

COUNTRY OF REFERENCE:                   Vietnam

MEMBER:Wendy Banfield

DATE:26 April 2022

PLACE OF DECISION:  Canberra

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

Statement made on 26 April 2022 at 4:04pm

CATCHWORDS

REFUGEE – protection visa – Vietnam – 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 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 Home Affairs on 8 July 2020 to refuse to grant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 14 October 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: reg 4.31(2) of the Migration Regulations 1994 (Cth) (the Regulations).

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 8 July 2020 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 19 October 2021 the Tribunal wrote to the applicant inviting comment on the validity of the application for review. The Tribunal advised that it appeared the application was not a valid application as it was not lodged within the relevant time limit. The applicant was invited to comment by 3 November 2021 however, no response was received.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 8 July 2020: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 4 August 2020.

6. As the application for review was not received by the Tribunal until 14 October 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.

   Wendy Banfield
   Member