2422832 (Refugee)

[2024] AATA 4240

2422832 (Refugee) [2024] AATA 4240 (27 September 2024)

DECISION RECORD

DIVISION:	Migration & Refugee Division
CASE NUMBER:	2422832
COUNTRY OF REFERENCE:	Vietnam
MEMBER:	Fraser Robertson
DATE:	27 September 2024
PLACE OF DECISION:	Perth
DECISION:	The Tribunal does not have jurisdiction in this matter.
Statement made on 27 September 2024 at 8:53am

CATCHWORDS

REFUGEE – protection visa – Vietnam – 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, 412(1)(b), 494C

Migration Regulations 1994 (Cth), r 4.31(2)

CASE

DZAFH v MIBP [2017] FCCA 387

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

1. This is an application for review of a decision of a delegate of the Minister for Home Affairs on 11 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 14 July 2024. For the following reasons, I have concluded that the Tribunal has no jurisdiction to review the decision.

2. The applicant was not in immigration detention when notified of the decision. As such, an application for review of the decision had to be made within 28 days. That 28-day period commences on, and includes, the day the applicant is taken to be notified of the decision.[1]

   [1]        See Migration Regulations 1994 (Cth), reg 4.31(2) read with Migration Act 1958 (Cth), s 412(1)(b). See also DZAFH v Minister for Immigration and Border Protection [2017] FCCA 387 [43]-[45].

3. The material before me indicates that the applicant was notified of the decision by letter dated 11 April 2024 which was sent by email. I am satisfied that the applicant was notified of the decision in accordance with the statutory requirements. The applicant is taken to have been notified of the decision on 11 April 2024[2] and the prescribed period to apply for review ended on 8 May 2024.

   [2]        Migration Act 1958 (Cth), s 494C.

4. On 28 August 2024, the Tribunal wrote to the applicant inviting submissions about the validity of the review application. No response was received.

5. The application for review was lodged on 14 July 2024 which is outside the prescribed period provided for in the Act. There is no ability or power to extend time. Consequently, the Tribunal has no jurisdiction in this matter.

   DECISION

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

   Fraser Robertson
   Member