2213789 (Refugee)

[2023] AATA 622

2213789 (Refugee) [2023] AATA 622 (30 January 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2213789

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Namoi Dougall

DATE:30 January 2023

PLACE OF DECISION:  Sydney

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

Statement made on 30 January 2023 at 5:11pm

CATCHWORDS  
REFUGEE – protection visa – Malaysia – 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 10 February 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 17 September 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 February 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 20 September 2022, the Tribunal sent to the applicant a natural justice letter advising him of the above and that the last day for lodging a review application was 9 March  2022 and his application was lodged on 17 September 2022. The applicant did not respond to the Tribunal’s natural justice letter.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 10 February 2022: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 9 March 2022.

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

   Namoi Dougall
   Member