2317208 (Refugee)

[2024] AATA 904

2317208 (Refugee) [2024] AATA 904 (5 January 2024)

DECISION RECORD

DIVISION:  Migration & Refugee Division

CASE NUMBER:  2317208

COUNTRY OF REFERENCE:                   Vanuatu

MEMBER:  Alison Murphy

DATE:  5 January 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 05 January 2024 at 1:54pm

CATCHWORDS

REFUGEE – protection visa – Vanuatu – review application 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 19 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 26 October 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 22 November 2023, a Tribunal officer wrote to the applicant advising that it appeared the review application was not a valid application as it was not lodged within the relevant time limit. The applicant was invited to comment on whether a valid application had been made but the Tribunal did not receive a response.

4. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 19 May 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 19 May 2023: s 494C of the Act. Therefore the prescribed period to apply for review ended on 15 June 2023.

6. As the application for review was not received by the Tribunal until 26 October 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.

Alison Murphy Member