2408157 (Refugee)

[2024] AATA 4222

2408157 (Refugee) [2024] AATA 4222 (30 September 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2408157

COUNTRY OF REFERENCE:                   Vietnam

MEMBER:Amy Faram

DATE:30 September 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 30 September 2024 at 8:25am

CATCHWORDS
REFUGEE – Protection Visa – Vietnam – applicant was notified of the decision in accordance with the statutory requirements – application lodged out of time – no jurisdiction

LEGISLATION
Acts Interpretation Act 1901 (Cth), s 36(2)
Migration Act 1958, ss 36, 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 10 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 14 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 he 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 10 March 2024 and dispatched by email. The email was sent to the address provided by the Applicant for the purposes of receiving correspondence about the application and the notification letter included clear particulars about the decision and about how to seek merits review of it. The Tribunal is satisfied that the Applicant was notified of the decision in accordance with the statutory requirements.

4. On 17 May 2024, the Tribunal wrote to the Applicant and explained that his review application appeared to have been made out of time. The Applicant was invited to provide any comments about the validity of his application by 31 May 2024. No response from the Applicant has been received by the Tribunal. 

5. The Tribunal finds that the Applicant is taken to have been notified of the decision on 10 March 2024: s 494C of the Act. The prescribed period to apply for review ended on 6 April 2024. As the last day of the prescribed period fell on a Saturday, the Applicant had until Monday 8 April 2024 to lodge his review application: s 36(2) of the Acts Interpretation Act 1901 (Cth).

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

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

   Amy Faram
   Member