1606989 (Refugee)

[2017] AATA 2206

1606989 (Refugee) [2017] AATA 2206 (6 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1606989

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Dr Colin Huntly

DATE:6 November 2017

PLACE OF DECISION:  Perth

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

Statement made on 06 November 2017 at 12:24pm

CATCHWORDS
Refugee – Protection visa – Malaysia – Applicant failed to attend tribunal hearing – Application dismissed

LEGISLATION
Migration Act 1958, s426

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 [in] 2016 to refuse to grant the visa applicants protection visas under the Migration Act 1958 (the Act).

2. On 31 October 2017 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. The applicants applied for reinstatement of the application within 14 days after receiving notice of the decision. For the following reasons, the Tribunal did not consider it appropriate to reinstate the application.

5. On 5 November, the applicant emailed the Tribunal as follows:

   For your information, we recently move to Brisbane and have yet updated the latest address.

   On the 31st October 2017, we took flight from Brisbane to Perth, and unfortunately we missed the bus to attend the hearing.

   When the Tribunal called us, we are rushing to the place and about 15 minutes to reach.

   We were regret and sorry for the late arrival to the Tribunal as we wish to be granted for the Protection visas.

   We are sorry for this inconvenience cause and we really hope that you can consider of our appeal. 

   Your reconsideration and early feedback is really appreciated. 

6. The Tribunal notes that the applicants are under a continuing obligation to maintain accurate residential and contact details.  The Tribunal also finds that, the applicants were correctly notified of the scheduled hearing, no hearing response was received from the applicants, and they did not attend at the scheduled time and place. 

7. The Tribunal notes that the applicant’s made no attempt to contact the Tribunal before the scheduled hearing to advise of any difficulties that might delay or impede their attendance at the scheduled time.

8. The Tribunal further notes that the applicants were proactively contacted at the scheduled time and place by the Tribunal, and the information provided at that time was that they were “running late”.  When the applicants did not attend within a reasonable period of the scheduled hearing, the Tribunal dismissed the application.

9. The Tribunal notes that they applicants have not updated their residential address details as at the date of this decision.

10. Accordingly, on the basis of the foregoing information and findings, the Tribunal finds that the applicants do not have reasonable grounds for the grant of reinstatement of the Tribunal’s initial decision to dismiss their review application.

11. The decision to dismiss the application is confirmed. In these circumstances, the decisions under review are taken to be affirmed.

    DECISION

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

    Dr Colin Huntly
    Member