2304009 (Refugee)

[2023] AATA 2492

2304009 (Refugee) [2023] AATA 2492 (15 June 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2304009

COUNTRY OF REFERENCE:                   Thailand

MEMBER:Rachel Da Costa

DATE:15 June 2023

PLACE OF DECISION:  Sydney

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

Statement made on 15 June 2023 at 11:40am

CATCHWORDS

REFUGEE – protection visa – Thailand – review application 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 28 June 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 20 March 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 28 June 2019 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 28 June 2019: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 25 July 2019.

5. On 23 March 2023, the Tribunal wrote to the applicant expressing the view that his application for review is not valid as it was not lodged within the relevant time limit, and explained its reasons for this view. The applicant was invited to respond in writing on the validity of his application by 6 April 2023. No response has been received from the applicant.

6. As the application for review was not received by the Tribunal until 20 March 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.

   Rachel Da Costa
   Member