1500376 (Migration)

[2016] AATA 4849

1500376 (Migration) [2016] AATA 4849 (19 April 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr AMANDEEP SINGH

CASE NUMBER:  1500376

DIBP REFERENCE(S):  BCC2014/2360988

MEMBER:Tim Connellan

DATE:19 April 2016

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 19 April 2016 at 3:25pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 572 Vocational Education and Training Sector – Reinstatement of application – Correctly notified of hearing

LEGISLATION
Migration Act 1958, ss 362B, 362C

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 5 January 2015 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 572 visa under the Migration Act 1958 (the Act).

2. On 3 March 2016 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. The review applicant applied for reinstatement of the application within 14 days after receiving notice of the decision. For the following reasons, the Tribunal did not consider it appropriate to reinstate the application.

5. On 16 March 2016 the Tribunal received a submission including a statement from the applicant in which he stated

   “I have held hearing date at AAT on 3 March 2016, my agent has lodged the review in relation to a decision to refuse my 572 visa grant on shore, and application was made online on 9 January 2015. I don’t know till I have got the decision that tribunal has made a decision on my review. I am not known the hearing date and also am not aware of I have to come to hearing.

   I have thought tribunal itself takes the decision without my attendance. When I call my previous agent he says “I have intimated you twice but you did not come in to sign and this is your wrong”, I didn’t notice agent mentioning.

   Anyhow agent has sent me the refusal letter from Tribunal the tribunal has affirmed the decision not to grant my 572 visa. I have read the MRT decision and came to know that I can reinstate the application if there is any eligible reason to do so. I have got right reason and there was miscommunication happened in between my previous agent and me in regarding hearing invitation. So please kindly accept my request to reinstate the hearing if it is possible....”.

6. The tribunal notes the applicant provided an ‘Appointment of Representative and Authorised Recipient’ form signed and dated on 18 January 2016. The hearing invitation was correctly sent to his authorised recipient, Mr Jensen Ma at Lawyers and Migration Agents Tan and Tan.

7. The tribunal further notes that following standard procedure, on 25 February and 2 March 2016, SMS reminders of the upcoming hearing were sent to the applicant’s mobile.

8. The tribunal is therefore satisfied that the applicant was correctly notified of the hearing and does not consider it appropriate to reinstate the matter.

9. The decision to dismiss the application is confirmed. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

10. The Tribunal affirms the decision under review.

    Tim Connellan
    Member