2301028 (Refugee)

[2023] AATA 2319

2301028 (Refugee) [2023] AATA 2319 (20 April 2023)

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DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2301028

COUNTRY OF REFERENCE:                   Vanuatu

MEMBER:Sheridan Lee

DATE:20 April 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 20 April 2023 at 2:49 pm

CATCHWORDS
REFUGEE – protection visa – Vanuatu – application for review made more than 28 days after notification of visa refusal decision – no response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494C
Migration Regulations 1994 (Cth), r 4.31(2)

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 26 April 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 27 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. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 26 April 2022 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 finds that the applicant is taken to have been notified of the decision on 26 April 2022: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 23 May 2022.

5. As the application for review was not received by the Tribunal until 27 January 2023 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

6. On 27 February 2023, the Tribunal invited the applicant to comment on the validity of the application. At the date of this decision no response had been received.

   DECISION

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

   Sheridan Lee
   Member