2427845 (Refugee)

[2024] AATA 4236

2427845 (Refugee) [2024] AATA 4236 (30 September 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2427845

COUNTRY OF REFERENCE:                   Vietnam

MEMBER:Raymond Smith

DATE:30 September 2024

PLACE OF DECISION:  Perth

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

Statement made on 30 September 2024 at 11:36am

CATCHWORDS

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

LEGISLATION

Acts Interpretation Act 1901, s 36
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 25 February 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 12 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).

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 25 February 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 13 August 2024, the Tribunal wrote to the applicant informing him that his application for review appeared to be invalid and invited him to comment on its validity. The Tribunal did not receive a response to its invitation.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 25 February 2024: s 494C of the Act. Therefore, the prescribed period to apply for review ended on 23 March 2024.

6. As the last day of the prescribed period fell on a Saturday, 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 25 March 2024: s 36(2) of the Acts Interpretation Act 1901 (Cth).

7. As the application for review was not received by the Tribunal until 12 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

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

   Raymond Smith
   Member