2118277 (Refugee)

[2022] AATA 5216

2118277 (Refugee) [2022] AATA 5216 (22 March 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2118277

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Penelope Hunter

DATE:22 March 2022

PLACE OF DECISION:  Sydney

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

Statement made on 22 March 2022 at 10:15am

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, ss 36, 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 12 February 2021 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 3 December 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 12 February 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 6 December 2021, the Tribunal wrote to the applicant and noted the relevant time limits for an application for review and invited submissions by 20 December 2021 as to whether a valid review application had been made.  The Tribunal did not receive a response from the applicant within the time requested or as at the date of this decision.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 12 February 2021: s 494C of the Act. Therefore the prescribed period to apply for review ended on 11 March 2021.

6. As the application for review was not received by the Tribunal until 3 December 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.

   Penelope Hunter
   Member