2305836 (Refugee)

[2023] AATA 4024

2305836 (Refugee) [2023] AATA 4024 (17 August 2023)

DECISION RECORD

DIVISION:  Migration & Refugee Division

CASE NUMBER:  2305836

COUNTRY OF REFERENCE:                   India

MEMBER:  Sheridan Aster

DATE:  17 August 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 17 August 2023 at 4:28pm

CATCHWORDS
REFUGEE – protection visa – India – application for review 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 27 March 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 26 April 2023. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

1. 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).

1. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 27 March 2023, dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

1. The Tribunal finds that the applicant is taken to have been notified of the decision on 27 March 2023: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 23 April 2023.

1. As the application for review was not received by the Tribunal until 26 April 2023, the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

1. On 24 May 2023, the Tribunal invited the applicant to comment on the validity of the applicant. At the date of this decision no response had been received.

DECISION

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

Sheridan Aster Member