1509023 (Refugee)

[2018] AATA 4022

1509023 (Refugee) [2018] AATA 4022 (24 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1509023

COUNTRY OF REFERENCE:                  Mongolia

MEMBER:David McCulloch

DATE:24 August 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal confirms the decision to dismiss the application.

Statement made on 24 August 2018 at 1:07pm

CATCHWORDS
REFUGEE – Protection visa – Mongolia – Reinstatement applied – Lack of evidence of medical conditions – Non-attendance at interview with delegate – Decision under review dismissed

LEGISLATION
Migration Act 1958 (Cth), s 426A, 326B

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 on 1 June 2015 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).

2. On 19 July 2018 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. The 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. In the request for reinstatement the applicant indicated that he had been extremely depressed to the point of having suicidal thoughts. He had nearly overdosed. He also failed to pay his phone bill (implying that he would not have received the two SMS reminders of the hearing that were sent to him). He said that because of his depression he has not been able to check his emails and had missed the email inviting him to the hearing.

6. In response, the Tribunal wrote to the applicant asking him to provide the Tribunal with medical reports establishing that he has been suffering from depression and indicating the length of time he has been suffering from this condition. The Tribunal indicated that the applicant should indicate the treatment he has been receiving including medication prescribed for this condition.

7. In response the applicant provided medical reports from a GP dated 14 August 2018 being after the date on which the Tribunal requested this information. The GP makes a referral to the applicant to a psychiatrist and a psychologist for the management of his depression related to his family and visa issues. Provided is a summary of a Mental Health Plan.

8. The applicant claims to have been so depressed that he was having suicidal thoughts and had overdosed. However, the applicant has provided no evidence that he sought the advice of medical professionals until after the Tribunal requested medical reports. The Tribunal would consider that if the applicant’s depression was as significant as has been claimed and that he had nearly suffered an overdose that he would already have received medical attention.

9. No evidence of the applicant having an overdose has been provided such as ambulance or medical reports.

10. The fact that the applicant had the ability to check his emails and thus the invitation to the hearing is suggested by the applicant receiving and responding to the Tribunal’s interim dismissal of the application sent by email.

11. Further, in assessing whether the Tribunal should reinstate the application, the Tribunal notes that the applicant did not appear at the interview with the delegate of the Minister to which he was invited to attend.

12. In all the circumstances, the Tribunal is not persuaded that the applicant failed to receive or respond to the notification to attend the hearing based on significant medical conditions and not seeing the invitation.

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

    DECISION

14. The Tribunal confirms the decision to dismiss the application.

    David McCulloch
    Member