2210834 (Refugee)

[2022] AATA 4358

2210834 (Refugee) [2022] AATA 4358 (7 November 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2210834

COUNTRY OF REFERENCE:                   Vanuatu

MEMBER:Brendan Darcy

DATE:7 November 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 07 November 2022 at 9:22am

CATCHWORDS

REFUGEE – protection visa – Vanuatu – review application 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 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 14 June 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 24 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 14 June 2022 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 16 August 2022, the Tribunal emailed correspondence to the applicant. This correspondence invited the applicant to comment on the validity of the application for review and to forward written submissions to the Tribunal by 30 August 2022 to the correct email address. 

5. The Tribunal has not received a response by 30 August 2022 as requested of the applicant, her authorised recipient or her representative to comment on the application’s validity.  The applicant’s comments were not provided with fourteen calendar days and no further submissions were forwarded at the time of writing this decision.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 14 June 2022: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 11 July 2022.

7. As the application for review was not received by the Tribunal until 24 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

8. The Tribunal does not have jurisdiction in this matter.

   Brendan Darcy
   Member