1504569 (Migration)

[2015] AATA 3820

1504569 (Migration) [2015] AATA 3820 (30 November 2015)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Jandi Lee

CASE NUMBER:  1504569

DIBP REFERENCE(S):  BCC2014/2793082

MEMBER:Bruce MacCarthy

DATE:30 November 2015

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision under review.

Statement made on 30 November 2015 at 9:37am

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 27 March 2015 to cancel the applicant’s Subclass 572 Student (Temporary) (Class TU) visa under the Migration Act 1958 (the Act).

2. On 13 November 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).  She 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.

   Bruce MacCarthy
   

   Member