2418843 (Refugee)

[2024] AATA 3802

2418843 (Refugee) [2024] AATA 3802 (27 September 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2418843

COUNTRY OF REFERENCE:                   China

MEMBER:Xanthe Emery

DATE:27 September 2024

PLACE OF DECISION:  Sydney

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

Statement made on 27 September 2024 at 12:24pm

CATCHWORDS
REFUGEE – protection visa – China – application for review made more than 28 days after notification of visa refusal – no response to invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494C
Migration Regulations 1994 (Cth), r 4.31(2)

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 10 January 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 21 June 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 10 January 2024 and dispatched by email to the applicant’s nominated email address. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 1 August 2024, the Tribunal wrote to the applicant inviting him to comment on the validity of his review application as it appeared it had not been lodged within the relevant time limit. He was invited to make any comments by 15 August 2024. As at the date of this decision, the applicant has not responded to this letter.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 10 January 2024: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 6 February 2024.

6. As the application for review was not received by the Tribunal until 21 June 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.

   Xanthe Emery
   Member