1419158 (Refugee)

Case

[2015] AATA 3668

9 November 2015


1419158 (Refugee) [2015] AATA 3668 (9 November 2015)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1419158

COUNTRY OF REFERENCE:                  Burma (Myanmar)

MEMBER:Tony Caravella

DATE:9 November 2015

PLACE OF DECISION:  Perth

DECISION:The Tribunal affirms the decision under review.

Statement made on 09 November 2015 at 9:17am

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 a decision made by a delegate of the Minister for Immigration [in] October 2014 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).

  2. On 9 November 2015, the Tribunal dismissed the application under s.426A(1A)(b) of the Act as the applicant did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

  3. The 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.426B(5). The 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 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.

    Tony Caravella
    Member


Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

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