2424698 (Refugee)

[2024] AATA 4251

2424698 (Refugee) [2024] AATA 4251 (30 September 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2424698

COUNTRY OF REFERENCE:                   Samoa

MEMBER:Suhad Dutra

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 3:50pm

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

LEGISLATION
Migration Act 1958 (Cth), ss 65, 494C
Migration Regulations 1958 (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 26 March 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 24 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 26 March 2024, dispatched by email to the email address provided by the applicant for electronic communications. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The Tribunal finds that the applicant is taken to have been notified of the decision on 26 March 2024: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 22 April 2024.

5. By letter dated 29 August 2024, sent to the applicant by email, the Tribunal invited written submissions regarding the validity of the review application, to be provided by 12 September 2024. No response was received by the Tribunal.

6. As the application for review was not received by the Tribunal until 24 July 2024 and the Tribunal has no power to extend time, I find 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.

   Suhad Dutra
   Member