2413601 (Refugee)

[2024] AATA 2929

2413601 (Refugee) [2024] AATA 2929 (2 August 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2413601

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Paul Windsor

DATE:2 August 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 02 August 2024 at 11:56 am

CATCHWORDS
REFUGEE – protection visa – Malaysia – 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 23 April 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 25 May 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 23 April 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 26 June 2024 advising him that it appears his application for review is not a valid application as it was not lodged within the relevant time limit.

5. The applicant responded on 27 June 2024 asking: ‘Is it okay that I do not continue for this visa?, and: ‘Also is it okay for me not to reply back until 10th July?’. No further response was received from the applicant.

6. The Tribunal finds that the applicant is taken to have been notified of the decision on 23 April 2024: s 494C of the Act. Therefore the prescribed period to apply for review ended on 20 May 2024.

7. As the application for review was not received by the Tribunal until 25 May 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.

   Paul Windsor
   Member