2407338 (Refugee)

[2024] AATA 1948

2407338 (Refugee) [2024] AATA 1948 (11 June 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2407338

COUNTRY OF REFERENCE:                   Thailand

MEMBER:Melissa McAdam

DATE:11 June 2024

PLACE OF DECISION:  Sydney

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

Statement made on 11 June 2024 at 4:05pm

CATCHWORDS
REFUGEE – protection visa – Thailand – review application made out of time – No jurisdiction

LEGISLATION
Acts Interpretation Act 1901 (Cth), s 36
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 4 March 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 7 April 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 4 March 2024 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The applicant wrote to the Tribunal stating that the reason for the delay in lodging his review application was due to his email account being ‘scammed’ at the time. 

5. The Tribunal has no discretion to extend the prescribed time period.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 4 March 2024: s 494C of the Act. Therefore the prescribed period to apply for review ended on 31 March 2024. As the last day of the prescribed period fell on a Sunday followed by a public 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 April 2024: s 36(2) of the Acts Interpretation Act 1901 (Cth).

7. As the application for review was not received by the Tribunal until 7 April 2024 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Melissa McAdam
   Member