1702384 (Refugee)

[2021] AATA 2063

1702384 (Refugee) [2021] AATA 2063 (16 April 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1702384

COUNTRY OF REFERENCE:                   China

MEMBER:Peter Booth

DATE:16 April 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 16 April 2021 at 8:10am

CATCHWORDS

REFUGEE – protection visa – China – applicant failed to attend tribunal hearing – failure to apply for reinstatement within the 14-day period – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), s 426A(1A)(b), 426B(5)

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 on 13 January 2017 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).

2. On 26 March 2021 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.

   Peter Booth
   Member