2206960 (Refugee)

[2022] AATA 3888

2206960 (Refugee) [2022] AATA 3888 (7 September 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2206960

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Paul Noonan

DATE:7 September 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 7 September 2022 at 2.07pm

CATCHWORDS

REFUGEE – protection visa – Malaysia – 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

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 9 January 2019 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 13 May 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 June 2020 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 17 August 2022 inviting comment as to the validity of the application. No response has been received as at the date of this decision.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 10 June 2020: s 494C of the Act. Therefore the prescribed period to apply for review ended on 7 July 2020.

6. As the application for review was not received by the Tribunal until 13 May 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.

   Paul Noonan
   Member