1600873 (Refugee)

[2017] AATA 1639

1600873 (Refugee) [2017] AATA 1639 (16 August 2017)

NON-APPEARANCE DECISION

DIVISION:Migration & Refugee Division

CASE NUMBER:  1600873

COUNTRY OF REFERENCE:                  Uzbekistan

MEMBER:Roslyn Smidt

DATE:16 August 2017

PLACE OF DECISION:  Sydney

DECISION:Application dismissed under s.426A(1A)(b) of the Migration Act 1958.

1. The review applicant was invited under s.425 of the Migration Act 1958 to appear before the Tribunal on 9 August 2017. At 5.26 on 9 August 2017 he emailed the Tribunal to advise that he was unable to attend due to a medical condition. On 10 August 2017 he provided a copy of a medical certificate which stated that he was suffering from severe influenza and was unable to leave his home from 8 August to 10 August 2017. On 8 August 2017 he was invited to attend a hearing at 10 am on 16 August 2017. On 11 August 2017 he contacted the Tribunal to advise that he would be attending the hearing.

2. The invitation sent on 10 August 2017 stated that if the applicant did not attend the hearing, the Tribunal may dismiss the application for review without any further consideration of the application or the information before it. The Tribunal also sent an SMS reminder about the hearing on 15 August 2017.  

3. The review applicant did not appear before the Tribunal on the day and at the scheduled time and place. Having reviewed the Tribunal file, the Tribunal is satisfied that the review applicant was properly invited to a hearing in accordance with s.441A(5), the invitation has not been returned to sender, and that an SMS reminder was also sent to the review applicant the day before the hearing. No satisfactory reason for the non-appearance has been given.

4. In these circumstances, the Tribunal has decided to dismiss the application without further consideration of that application or the information before the Tribunal.

   Statement made on 16 August 2017 at 3:05pm

   CATCHWORDS
   Refugee – Protection visa – Uzbekistan – Did not appear – Was properly notified – Notified of consequences for non-appearance – Application dismissed

   LEGISLATION
   Migration Act 1958, ss 425, 426A(1A)(b), 441A(5)

   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.