2118294 (Refugee)

[2022] AATA 1197

2118294 (Refugee) [2022] AATA 1197 (22 February 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2118294

COUNTRY OF REFERENCE:                   Indonesia

MEMBER:Angela Julian-Armitage

DATE:22 February 2022

PLACE OF DECISION:  Brisbane

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

Statement made on 22 February 2022 at 4:25pm

CATCHWORDS
REFUGEE – protection visa – Indonesia – review application made out of time – no jurisdiction

LEGISLATION
Acts Interpretation Act 1901 (Cth), s 36
Migration Act 1958 (Cth), s 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 Home Affairs on 18 October 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 4 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 he was notified of the decision, an application for review of the decision had to have been made within 28 days from 18 October 2021: 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 18 October 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 12 January 2022, the Tribunal sent an invitation to comment on the validity of application. No response from the applicant has been received to date.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 18 October 2021: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 14 November 2021.

6. As the last day of the prescribed period fell on a Sunday, the applicant had until the end of the 15 November 2021 to lodge his application: s 36(2) of the Acts Interpretation Act 1901 (Cth).

7. As the application for review was not received by the Tribunal until 4 December 2021 the application for review was not made in accordance with the relevant legislation rendering the Tribunal without jurisdiction in this matter.

   DECISION

8. The Tribunal does not have jurisdiction in this matter.

   Angela Julian-Armitage
   Member