1413994 (Refugee)

Case

[2016] AATA 3211

1 February 2016


1413994 (Refugee) [2016] AATA 3211 (1 February 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1413994

COUNTRY OF REFERENCE:                  China

MEMBER:Rachel Westaway

DATE:1 February 2016

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decisions under review.

Statement made on 01 February 2016 at 4:36pm

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 decisions made by a delegate of the Minister for Immigration [in] July 2014 to refuse to grant the visa applicants protection visas under the Migration Act 1958 (the Act).

  2. On 7 December 2015 the Tribunal dismissed the application under s.426A(1A)(b) of the Act as the applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

  3. The applicants were notified of the dismissal decision and given a copy of a written statement setting out the decision and the reasons for the decision, in accordance with s.426B(5). The applicants were advised that reinstatement of the application could be sought within 14 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 14 day period would result in confirmation of the dismissal decision.

  4. As the applicants did not apply for reinstatement of the application within the 14 days period, the Tribunal must confirm the decision to dismiss the application.

    DECISION

  5. The Tribunal affirms the decisions under review.

    Rachel Westaway
    Member


Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Procedural Fairness

  • Judicial Review

  • Jurisdiction

  • Statutory Construction

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