2210271 (Refugee)

[2022] AATA 4546

2210271 (Refugee) [2022] AATA 4546 (1 November 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2210271

COUNTRY OF REFERENCE:                   India

MEMBER:David McCulloch

DATE:1 November 2022

PLACE OF DECISION:  Sydney

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

Statement made on 01 November 2022 at 9:25am

CATCHWORDS
REFUGEE – protection visa – India – application made out of time – 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 3 August 2020 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 15 July 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 3 August 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 indicating that based on the means of delivery of the primary decision that 30 August 2020 was the last day for the receipt of an application for review. As the application is not received until 14 July 2022 the application appeared to be time. The applicant was given the opportunity to comment but did not do so.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 3 August 2020: s 494C of the Act. Therefore the prescribed period to apply for review ended on 30 August 2020.

6. As the application for review was not received by the Tribunal until 15 July 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 McCulloch
   Member