1512027 (Migration)

[2016] AATA 3400

1512027 (Migration) [2016] AATA 3400 (23 February 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Gotcha! Pty Ltd

CASE NUMBER:  1512027

DIBP REFERENCE(S):  OPF2014/4049

MEMBER:Fraser Syme

DATE:23 February 2016

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal affirms the decision under review.

Statement made on 23 February 2016 at 10:02am

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 13 August 2015 to take an action under s.140M of the Migration Act 1958 (the Act) in relation to the applicant’s sponsorship.

2. On 5 February 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. 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.

   Fraser Syme
   Member