1605019 (Refugee)

[2018] AATA 5894

1605019 (Refugee) [2018] AATA 5894 (31 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1605019

COUNTRY OF REFERENCE:                 China

MEMBER:Frances Simmons

DATE:31 October 2018

PLACE OF DECISION:  Sydney

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

Statement made on 31 October 2018 at 10:21am

CATCHWORDS
REFUGEE – protection – China – non-appearance to provide evidence and present arguments – failure to apply for reinstatement within the 14 day period – decision under review dismissed

LEGISLATION
Migration Act 1958 (Cth), s 426
Migration Regulations 1994, Schedule 2

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 decisions made by a delegate of the Minister for Immigration on 31 March 2016 to refuse to grant the visa applicants protection visas under the Migration Act 1958 (the Act).

2. On 16 October 2018 the Tribunal dismissed the application under s.426A(1A)(b) of the Act as the applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The applicants were 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). The applicants were 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 applicants 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 decisions under review are taken to be affirmed.

   DECISION

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

   Frances Simmons
   Member