2208393 (Refugee)

[2022] AATA 3658

2208393 (Refugee) [2022] AATA 3658 (31 August 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2208393

COUNTRY OF REFERENCE:                   China

MEMBER:Paul Noonan

DATE:31 August 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 31 August 2022 at 12.41pm

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 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 15 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 9 June 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 15 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 20 June 2022 inviting comment with respect to potentially not having jurisdiction. The applicant replied on 20 June 2022 and stated that they had not received the notification of decision because they had lost their phone and been unable to access email correspondence.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 15 March 2022: s 494C of the Act. Therefore the prescribed period to apply for review ended on 11 April 2022.

6. As the application for review was not received by the Tribunal until 9 June 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