1612438 (Refugee)

[2017] AATA 2648

1612438 (Refugee) [2017] AATA 2648 (21 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1612438

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Brendan Darcy

DATE:21 November 2017

PLACE OF DECISION:  Melbourne

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

CATCHWORDS

Refugee – Protection Visa – Malaysia – Applicant did not attend hearing – Notification of decision – Applicant did not seek reinstatement

LEGISLATION

Migration Act 1958, ss 65, 426A, 426B

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 in August 2016 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).

2. On 3 November 2017 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.

3. 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). 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.

4. 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

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

   Brendan Darcy
   Member