2405428 (Refugee)

[2024] AATA 2936

2405428 (Refugee) [2024] AATA 2936 (22 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2405428

COUNTRY OF REFERENCE:                   Vanuatu

MEMBER:P. Maishman

DATE:22 July 2024

PLACE OF DECISION:  Perth

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

Statement made on 22 July 2024 at 4:09pm

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 14 February 2024 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 19 March 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 14 February 2024 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 19 April 2024 the Tribunal wrote to the applicant observing the application appeared to be out of time and inviting him to make written comment about the validity of his review application by 3 May 2024. The Tribunal received not written comment from the applicant. 

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 14 February 2024: s 494C of the Act. Therefore the prescribed period to apply for review ended on 12 March 2024.

6. As the application for review was not received by the Tribunal until 19 March 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.

   P. Maishman
   Member