2211953 (Refugee)

[2022] AATA 5057

2211953 (Refugee) [2022] AATA 5057 (12 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2211953

COUNTRY OF REFERENCE:                   India

MEMBER:Russell Matheson

DATE:12 December 2022

PLACE OF DECISION:  Sydney

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

Statement made on 12 December 2022 at 12:33pm

CATCHWORDS  
REFUGEE – protection visa – India – review 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 18 November 2021 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 17 August 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 18 November 2021 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 5 September 2022, a Natural Justice letter was sent to the applicant inviting him to comment on the validity of the application for review, and to do so, in writing, by 19 September 2022. To date, no response has been received.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 18 November 2021 in accordance with s 494C of the Act. Therefore, the prescribed period to apply for review ended on 15 December 2021.

6. As the application for review was not received by the Tribunal until 17 August 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.

   Russell Matheson
   Member