1516399 (Refugee)

[2018] AATA 215

1516399 (Refugee) [2018] AATA 215 (25 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1516399

COUNTRY OF REFERENCE:                  China

MEMBER:Nathan Goetz

DATE:25 January 2018

PLACE OF DECISION:  Sydney

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

Statement made on 25 January 2018 at 8:30am

CATCHWORDS

Refugee – Protection visa – China – Dismissal decision – Failure to attend Tribunal hearing

LEGISLATION

Migration Act 1958, ss 65, 426A-B

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 and Border Protection to refuse to grant the applicant a Protection visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant is a citizen of the People’s Republic of China (China) and applied for the visa [in] December 2014. Following a departmental interview [in] November 2015, the delegate refused to grant the visa [the next day].

3. The basis of the applicant’s claim was that he is a Christian and has a well-founded fear of persecution which prevents him from returning to China.

4. The applicant lodged an application for review of that decision with the Tribunal on 30 November 2015.

5. On 10 January 2018 at 11.30am 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, namely at a three hour hearing scheduled to commence at 8.30am on 10 January 2018.

6. 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). This was done by email on 10 January 2018. 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.

7. As the applicant did not apply for reinstatement of the application within the 14 days period, the Tribunal must confirm the decision to dismiss the application. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

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

   Nathan Goetz
   Member