2308271 (Refugee)

[2023] AATA 4025

2308271 (Refugee) [2023] AATA 4025 (27 August 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2308271

COUNTRY OF REFERENCE:                   Thailand

MEMBER:Mireya Hyland

DATE:27 August 2023

PLACE OF DECISION:  Sydney

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

Statement made on 27 August 2023 at 6:07pm

CATCHWORDS
REFUGEE – protection visa – Thailand – review application made out of time – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 412, 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 12 May 2023 to refuse to grant [the applicant] a protection visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 12 June 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 he was notified of the decision, an application for review of the decision had to be made within 28 days, commencing on that day: s.412(1)(b) of the Act; r.4.31(2) of the Migration Regulations 1994.

3. The material before the Tribunal indicates that [the applicant] was notified of the decision by letter dated 12 May 2023 and dispatched by email. The Tribunal is satisfied that he 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 12 May 2023: s.494C of the Act. Therefore, the prescribed period to apply for review ended on 8 June 2023.

5. As the application for review was not received by the Tribunal until 12 June 2023 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Mireya Hyland
   Member