2302492 (Refugee)

[2023] AATA 2246

2302492 (Refugee) [2023] AATA 2246 (26 April 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2302492

COUNTRY OF REFERENCE:                   Indonesia

MEMBER:Alan McMurran

DATE:26 April 2023

PLACE OF DECISION:  Sydney

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

Statement made on 26 April 2023 at 11:34am  

CATCHWORDS
REFUGEE – protection visa – Indonesia – review application lodged 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 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 20 January 2023 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 23 February 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 20 January 2023 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The applicant submitted a personal statement when filing the review application. The statement is undated and was receipted on 23 February 2023. The statement refers to the applicant’s protection claims and is not repeated here.

5. On 23 February 2023, the Tribunal sent a natural justice letter to the applicant advising that it appeared the application was lodged out of time. The applicant was invited to respond by 9 March 2023. The applicant did not respond to the Tribunal’s letter.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 20 January 2023 in accordance with the statutory requirement (s 494C of the Act). Therefore the prescribed period to apply for review ended on Thursday, 16 February 2023. The Tribunal has no power to extend the statutory period.

7. As the application for review was not received by the Tribunal until 23 February 2023 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.

   Alan McMurran
   Member