2320487 (Refugee)

[2024] AATA 855

2320487 (Refugee) [2024] AATA 855 (4 March 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2320487

COUNTRY OF REFERENCE:                   Indonesia

MEMBER:Namoi Dougall

DATE:4 March 2024

PLACE OF DECISION:  Sydney

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

Statement made on 04 March 2024 at 1:50pm

CATCHWORDS
REFUGEE – protection visa – Indonesia – review application 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 2 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 14 December 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 2 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. On 24 January 2024, the Tribunal sent to the applicant a natural justice letter advising the applicant of the above and that the last day for lodging a review application was 29 May 2023 and the applicant’s application was lodged on 14 December 2023.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 2 May 2023: s 494C of the Act. Therefore the prescribed period to apply for review ended on 29 May 2023.

6. As the application for review was not received by the Tribunal until 14 December 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.

   Namoi Dougall
   Member