1613353 (Refugee)

[2018] AATA 5930

1613353 (Refugee) [2018] AATA 5930 (20 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1613353

COUNTRY OF REFERENCE:                  China

MEMBER:Nathan Goetz

DATE:20 December 2018

PLACE OF DECISION:  Sydney

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

Statement made on 20 December 2018 at 11:30am

CATCHWORDS
REFUGEE – protection visa – China – applicant did not appear before Tribunal – application dismissed – applicant notified of decision – did not apply for reinstatement within 14 days – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 426

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 a decision made by a delegate of the Minister for Immigration to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).

2. The applicant is a citizen of China and arrived in Australia [in] April 2007 on a [temporary] visa. From 15 March 2010 until 23 October 2015 the applicant resided unlawfully in Australia.

3. On 21 October 2015 the applicant lodged a protection visa application. He did not attend scheduled interview with the delegate on 9 August 2016 and the delegate refused to grant the applicant that visa the same day.

4. On 23 August 2016 the applicant lodged a review of the refusal decision with the Tribunal. He subsequently provided the Tribunal with a copy of the decision record.

5. On 5 December 2018 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 on 5 December 2018.

6. 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.

7. 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

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

   Nathan Goetz
   Member