2419854 (Refugee)

[2024] AATA 4247

2419854 (Refugee) [2024] AATA 4247 (1 October 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2419854

COUNTRY OF REFERENCE:                   Papua New Guinea

MEMBER:Gregory Hanson

DATE:1 October 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 01 October 2024 at 7:56am

CATCHWORDS
REFUGEE – protection visa – Papua New Guinea – 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 8 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 26 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).

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 8 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. By correspondence dated 11 July 2024, the Tribunal wrote to the applicant seeking his comments on the issue of whether his review application was validly made despite it having been lodged with the Tribunal outside of the 28-day statutory period. No response was received from the applicant.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 8 April 2024: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 5 May 2024.

6. As the application for review was not received by the Tribunal until 26 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.

   Gregory Hanson
   Member