1414511 (Migration)

[2015] AATA 3706

1414511 (Migration) [2015] AATA 3706 (19 November 2015)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Najip Yussuf

VISA APPLICANT:  Mr Ismael Abdi Yussuf

CASE NUMBER:  1414511

DIBP REFERENCE:  OSF2012/114291

MEMBER:Rosa Gagliardi

DATE:19 November 2015

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 19 November 2015 at 4:36pm

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 13 August 2014 to refuse to grant the visa applicant a Other Family (Migrant) (Class BO) Subclass 115 visa under the Migration Act 1958 (the Act).

2. On 30 October 2015 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the review applicant did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review applicant was 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.362C(5). The review applicant was 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 review applicant 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 decision under review.

   Rosa Gagliardi
   Member