2311963 (Refugee)

[2023] AATA 4542

2311963 (Refugee) [2023] AATA 4542 (20 October 2023)

DECISION RECORD

DIVISION:  Migration & Refugee Division

REPRESENTATIVE:  Ms Aila Rose Melasecca

CASE NUMBER:  2311963

COUNTRY OF REFERENCE:                   Korea, Republic Of

MEMBER:  Justin Meyer

DATE:  20 October 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 20 October 2023 at 3.56pm

CATCHWORDS

REFUGEE – protection visa – Republic Of Korea – 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.

In accordance with s 431 of the Migration Act 1958 (Cth), the Tribunal will not publish any statement which may identify the applicant or any relative or dependant of the applicant.

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 7 July 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 10 August 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 7 July 2023 and 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 7 July 2023: s 494C of the Act. Therefore the prescribed period to apply for review ended on 3 August 2023.

1. As the application for review was not received by the Tribunal until 10 August 2023 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

DECISION

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

Justin Meyer Member

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