1515639 (Migration)

[2016] AATA 4325

1515639 (Migration) [2016] AATA 4325 (2 September 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr MANSOOR USMAN

CASE NUMBER:  1515639

DIBP REFERENCE(S):  BCC2015/2095963

MEMBER:Stuart Webb

DATE:2 September 2016

PLACE OF DECISION:  Melbourne

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

Statement made on 02 September 2016 at 2:11pm

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 11 November 2015 to cancel the applicant’s Subclass 573 Student (Temporary) (Class TU) visa under the Migration Act 1958 (the Act).

2. On 18 August 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 Tribunal explained in that initial dismissal that the medical information provided by the applicant to the Tribunal to request a postponement of the hearing had not been accepted, as it was not sufficient to demonstrate that the applicant was unable to attend a hearing to discuss his migration matters, and the Tribunal had advised that the hearing on 18 August 2016 would proceed as scheduled. The applicant and his advisor did not attend the hearing.

4. 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.

5. 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. No further information was provided by the applicant. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

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

   Stuart Webb
   Senior Member