2419920 (Refugee)

[2024] AATA 4223

2419920 (Refugee) [2024] AATA 4223 (30 September 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2419920

COUNTRY OF REFERENCE:                   Indonesia

MEMBER:Xanthe Emery

DATE:30 September 2024

PLACE OF DECISION:  Sydney

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

Statement made on 30 September 2024 at 9:58am

CATCHWORDS
REFUGEE – Protection Visa – Indonesia – 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
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 16 May 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) (the Regulations).

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 16 May 2024 and dispatched by email to her nominated email address. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 3 July 2024, the Tribunal wrote to the applicant inviting her to comment on the validity of her review application as it appeared it had not been lodged within the relevant time limit. She was invited to make any comments by 17 July 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 16 May 2024: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 12 June 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.

   Xanthe Emery
   Member