1501815 (Migration)

[2016] AATA 3034

1501815 (Migration) [2016] AATA 3034 (11 January 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Makalita Taai-Siale

VISA APPLICANT:  Miss Makalita Taai

CASE NUMBER:  1501815

DIBP REFERENCE(S):  2013094585

MEMBER:Rieteke Chenoweth

DATE:11January 2016

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision under review.

Statement made on 11 January 2016 at 9:43am

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 4 December 2014 to refuse to grant the visa applicant a Child (Migrant) (Class AH) Subclass 102 visa under the Migration Act 1958 (the Act).

2. On 14 December 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.

   Rieteke Chenoweth
   Member