2300904 (Refugee)

[2023] AATA 2227

2300904 (Refugee) [2023] AATA 2227 (17 April 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2300904

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Penelope Hunter

DATE:17 April 2023

PLACE OF DECISION:  Sydney

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

Statement made on 17 April 2023 at 9:15am

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 24 May 2019 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 25 January 2023. 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. On 25 January 2023, the Tribunal wrote to the applicant noting the time limit for the lodgement of review applications and invited submissions as to whether the Tribunal had jurisdiction. The Tribunal has not received a response.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 24 May 2019 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 24 May 2019: s 494C of the Act. Therefore the prescribed period to apply for review ended on 20 June 2019. It is also noted that the applicant previously applied to the Tribunal for review on 14 October 2020, this application was also found to be out of time.

6. In relation to the current application, as the application for review was not received by the Tribunal until 25 January 2023 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.

   Penelope Hunter
   Member