2304414 (Refugee)

[2023] AATA 2343

2304414 (Refugee) [2023] AATA 2343 (27 June 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2304414

COUNTRY OF REFERENCE:                   Vietnam

MEMBER:Roslyn Smidt

DATE:27 June 2023

PLACE OF DECISION:  Sydney

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

Statement made on 27 June 2023 at 1:25 PM

CATCHWORDS

REFUGEE – protection visa – Vietnam – 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 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 28 February 2023 to refuse to grant protection visas under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 28 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. On 30 March 2023 the Tribunal wrote to the applicant to advise that it appeared that the application was invalid as it had not been lodged within the prescribe timeframes. The applicant was invited to comment but no response has been received.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 28 February 2023 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 28 February 2023: s 494C of the Act. Therefore, the prescribed period to apply for review ended on Monday 27 March 2023.

6. As the application for review was not received by the Tribunal until 28 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.

   Roslyn Smidt
   Member