2205207 (Refugee)

[2022] AATA 2450

2205207 (Refugee) [2022] AATA 2450 (24 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2205207

COUNTRY OF REFERENCE:                   Vanuatu

MEMBER:David Barker

DATE:24 June 2022

PLACE OF DECISION:  Sydney

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

Statement made on 24 June 2022 at 2:25pm

CATCHWORDS
REFUGEE – protection visa – Vanuatu – application for review made more than 28 days after notification of refusal decision – no response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494C
Migration Regulations 1994 (Cth), r 4.31(2)

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 Home Affairs on 10 March 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 8 April 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 10 March 2022 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 applicant on 9 May 2022 noting that last day to file the review application from the Department’s decision was 6 April 2022. As the application was not received until 8 April  2022 it appeared the application was filed out of time. The applicant was invited to comment on or respond to this information by 23 May 2022. No response was received from the applicant by 23 May 2022, or by the time of this jurisdiction decision.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 10 March 2022[1]. Therefore the prescribed period to apply for review ended on 6 April 2022.

   [1] s 494C of the Act

6. As the application for review was not received by the Tribunal until 8 April 2022 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.

   David Barker
   Member