1602699 (Migration)

[2016] AATA 4471

1602699 (Migration) [2016] AATA 4471 (29 September 2016)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jacky Poh Yee Long

CASE NUMBER:  1602699

DIBP REFERENCE(S):  CLF2015/68362

MEMBER:Robert Wilson

DATE:29 September 2016

PLACE OF DECISION:  Sydney

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

Statement made on 29 September 2016 at 4:41pm

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 February 2016 to refuse to grant the visa applicant a Child (Residence) (Class BT) Subclass 802 visa under the Migration Act 1958 (the Act).

2. On 13 September 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. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

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

   Robert Wilson
   Member