2400588 (Refugee)

[2024] AATA 1252

2400588 (Refugee) [2024] AATA 1252 (3 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2400588

COUNTRY OF REFERENCE:                   Thailand

MEMBER:Nora Lamont

DATE:3 April 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 03 April 2024 at 10:48am

CATCHWORDS
REFUGEE – Protection Visa – Thailand – out of time – no jurisdiction   

LEGISLATION
Acts Interpretation Act 1901 (Cth), s 36
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 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 5 December 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 15 January 2024. 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 5 December 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 finds that the applicant is taken to have been notified of the decision on 5 December 2023: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 1 January 2024.

5. As the last day of the prescribed period fell on a holiday, the applicant had until the end of the next day that was not a Saturday, a Sunday or a holiday to lodge his or her application, i.e. until 2 January 2024: s 36(2) of the Acts Interpretation Act 1901 (Cth).

6. As the application for review was not received by the Tribunal until 15 January 2024 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.

   Nora Lamont
   Member