2204656 (Refugee)

[2022] AATA 2452

2204656 (Refugee) [2022] AATA 2452 (14 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2204656

COUNTRY OF REFERENCE:                   Fiji

MEMBER:Tamara Hamilton-Noy

DATE:14 June 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 14 June 2022 at 11:34am

CATCHWORDS
REFUGEE – protection visa – Fiji – applicant was notified of the decision in accordance with the statutory requirements – application lodged 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 22 February 2022 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 30 March 2022. 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 22 February 2022 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 8 April 2022, the Tribunal wrote to the applicant stating that it appeared that his application was not a valid application as it was not lodged within the relevant time limit.  The applicant was invited to respond to the Tribunal’s letter by 22 April 2022.

5. On 13 April 2022, the applicant responded to the Tribunal’s letter stating that he had first responded to the letter he had received on 18 March 2022 and received a reply on 23 March 2022 and that he had completed the form with supporting documents and provided this by 28 March 2022.  The applicant stated that the form had been submitted on 28 March 2022 due to his lack of knowledge of the process.

6. The Tribunal notes that it has no record of the applicant contacting the Tribunal on 18 March 2022 or of lodging an application for review on a date earlier than 30 March 2022. 

7. The Tribunal finds that the applicant is taken to have been notified of the decision on 22 February 2022: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 21 March 2022.

8. As the application for review was not received by the Tribunal until 30 March 2022 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Tamara Hamilton-Noy
   Member