2426975 (Refugee)

[2024] AATA 4234

2426975 (Refugee) [2024] AATA 4234 (4 October 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2426975

COUNTRY OF REFERENCE:                   Fiji

MEMBER:Adrienne Anderson

DATE:4 October 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 04 October 2024 at 4:35pm

CATCHWORDS

REFUGEE – protection visa – Fiji – review application out of time – no jurisdiction

LEGISLATION

Migration Act 1958, ss 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 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 3 July 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 6 August 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 3 July 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 7 August 2024 the Tribunal wrote to the applicant to notify him that it appeared that it had no jurisdiction in relation to his application for review as it was lodged out of time. He was invited to provide any comments on the validity of the application by 21 August 2024. The Tribunal did not receive a response from the applicant.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 3 July 2024: s 494C of the Act. Therefore the prescribed period to apply for review ended on 30 July 2024.

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

   Adrienne Anderson
   Member