Sylva and Minister for Immigration and Multicultural Affairs (Migration)

[2024] ARTA 729

Sylva and Minister for Immigration and Multicultural Affairs (Migration) [2024] ARTA 729 (22 October 2024)

Applicant/s:  Hamuera Tehimana Hetaraka Sylva

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:                2024/7991

Tribunal:Senior Member K Raif

Place:Sydney

Date:22 October 2024

Decision:As the application was lodged out of time, the Tribunal is satisfied that the decision is not reviewable by the Tribunal and pursuant to section 97 of the Administrative Review Tribunal Act 2024 dismisses this application for review.

.................................[SGD].....................................

Senior Member K Raif

Catchwords

MIGRATION – PRACTICE AND PROCEDURE – interlocutory application for extension of time to lodge application for review – application lodged out of time – no exceptional reason for late application – application for review dismissed.

Legislation

Migration Act 1958 (Cth)

Migration Regulations 1994 (Cth)

Statement of Reasons

1. The Applicant lodged an application with the Tribunal on 11 October 2024 for a review of a decision made by a delegate of the Respondent on 19 September 2024. This decision was forwarded to the Applicant under cover of a letter from the Respondent dated 20 September 2024.

2. The Applicant was notified of the abovementioned decision in accordance with subsection 501G(1) of the Migration Act 1958 (Cth) (‘the Act’) by hand. In the review application received by the Tribunal on 11 October 2024, the Applicant states that he was notified of the delegate’s decision of 19 September 2024 on 20 September 2024. Therefore, pursuant to Regulation 2.55(5) of the Migration Regulations 1994 (Cth), the Applicant is deemed to have taken notification of the delegate’s decision on 20 September 2024.

3. Under subsection 500(6B) of the Act, an application for review of a decision made by a delegate of the Respondent must be lodged with the Tribunal within nine (9) days after the day on which the person was notified of the decision in accordance with subsection 501G(1) of the Act.

4. The Applicant did not lodge the application for review with the Tribunal within nine (9) days after the day on which he was notified of the decision. The review application filed on 11 October 2024 is therefore out of time.

1. The Applicant informed the Tribunal that there were several reasons why his application was lodged late. He states that he was given a large bundle of papers without any explanation, he was not informed about the time limits, had no access to a computer and it took him time to access a lawyer. The Applicant submits that he is not being given ‘a fair go’. The Tribunal acknowledges the Applicant’s evidence but has no discretion to extend the period in which a valid application can be made.

1. As the application was lodged out of time, the Tribunal is satisfied that the decision is not reviewable by the Tribunal and pursuant to section 97 of the Administrative Review Tribunal Act2024 dismisses this application for review.