2205792 (Refugee)

[2022] AATA 2818

2205792 (Refugee) [2022] AATA 2818 (29 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2205792

COUNTRY OF REFERENCE:                   China

MEMBER:Mark Bishop

DATE:29 June 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 29 June 2022 at 2:33pm

CATCHWORDS
REFUGEE – Protection Visa – China – 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

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 Immigration and Border Protection on 19 December 2017 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 19 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 19 December 2017 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The decision date was 19 December 2017. The dispatch date was 19 December 2017. The last day for lodgement to the AAT was 15 January 2018.The application for review to the AAT was lodged on 19 April 2022. This date is out of time. A Natural Justice (NJ) letter was forwarded to the applicant on 22 April 2022. The applicant did not respond.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 19 December 2017: s 494C of the Act. Therefore the prescribed period to apply for review ended on 15 January 2018.

6. As the application for review was not received by the Tribunal until 19 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.

   Mark Bishop
   Member