2409289 (Refugee)

[2024] AATA 3796

2409289 (Refugee) [2024] AATA 3796 (2 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2409289

COUNTRY OF REFERENCE:                   Solomon Islands

MEMBER:Lilly Mojsin

DATE:2 July 2024

PLACE OF DECISION:  Sydney

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

Statement made on 2 July 2024 at 8:56 am

CATCHWORDS

REFUGEE – protection visa – Solomon Islands – review application out of time – no jurisdiction

LEGISLATION

Acts Interpretation Act 1901, 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 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 25 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 24 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 25 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 Tribunal wrote to the applicant on 10 May 2024 noting the time limit for the lodgement of a review application and invited submissions as to whether a valid application for review had been made.

5. The applicant did not respond.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 25 March 2024: s 494C of the Act. Therefore the prescribed period to apply for review ended on 21 April 2024.

7. As the last day of the prescribed period fell on a Sunday, 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 22 April 2024: s 36(2) of the Acts Interpretation Act 1901 (Cth).

8. As the application for review was not received by the Tribunal until 24 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

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

   Lilly Mojsin
   Member