2309141 (Refugee)

[2023] AATA 3374

2309141 (Refugee) [2023] AATA 3374 (15 September 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2309141

COUNTRY OF REFERENCE:                   Thailand

MEMBER:Joseph Lindsay

DATE:15 September 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 15 September 2023 at 11:19am

CATCHWORDS

REFUGEE – protection visa – Thailand – application for review made more than 28 days after notification of visa refusal decision – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), ss 65, 494C

Migration Regulations 1994 (Cth), r 4.31(2)

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 11 May 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 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 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 11 May 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 Tribunal wrote to the applicant about these issues but there was no response.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 11 May 2023 in accordance with s 494C of the Act. Therefore the prescribed period to apply for review ended on 7 June 2023.

6. As the application for review was not received by the Tribunal until 23 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

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

   Joseph Lindsay
   Member