1510044 (Migration)
[2016] AATA 3157
•29 January 2016
1510044 (Migration) [2016] AATA 3157 (29 January 2016)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT: BAMBOO STUDIO PTY LTD
CASE NUMBER: 1510044
DIBP REFERENCE(S): OPF2014/4136
MEMBER:Kate Millar
DATE:29 January 2016
PLACE OF DECISION: Adelaide
DECISION:The Tribunal affirms the decision under review.
Statement made on 29 January 2016 at 9:22am
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW
This is an application for review of a decision made by a delegate of the Minister for Immigration on 6 July 2015 to take an action under s.140M of the Migration Act 1958 (the Act) in relation to the applicant’s sponsorship.
On 14 January 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.
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.
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
The Tribunal affirms the decision under review.
Kate Millar
Member
Key Legal Topics
Areas of Law
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Administrative Law
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Immigration
Legal Concepts
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Procedural Fairness
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Jurisdiction
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Statutory Construction
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