2423017 (Refugee)

[2024] AATA 4249

2423017 (Refugee) [2024] AATA 4249 (7 October 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2423017

COUNTRY OF REFERENCE:                   Taiwan

MEMBER:Gabrielle Simm

DATE:7 October 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 07 October 2024 at 3:53pm

CATCHWORDS
REFUGEE – Protection Visa – Taiwan – 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(2)
Migration Act 1958, s 494

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 9 June 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 15 July 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 9 June 2024 and dispatched by email. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. On 22 July 2024, the Tribunal wrote to the applicant, stating that it appeared that his application was invalid as it was lodged out of time and inviting his comment. On 6 August 2024 the applicant responded, stating ‘I was not notified in time by the previous “so called agent”.’ However, he Tribunal lacks discretion to accept applications where the legislative timeframe for lodgement is not met.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 9 June 2024: s 494C of the Act. Therefore the prescribed period to apply for review ended on 6 July 2024.

6. As the last day of the prescribed period fell on a Sunday, the applicant had until the end of the next day that was not a Saturday, a Sunday or a holiday to lodge his or her application, i.e. until 8 July 2024: s 36(2) of the Acts Interpretation Act 1901 (Cth).]

7. As the application for review was not received by the Tribunal until 15 July 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.

   Gabrielle Simm
   Member