1704196 (Refugee)

[2018] AATA 921

1704196 (Refugee) [2018] AATA 921 (15 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1704196

COUNTRY OF REFERENCE:                  Malaysia

MEMBER:Sean Baker

DATE:15 March 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 15 March 2018 at 9:43am

CATCHWORDS
Refugee – Protection visa – Malaysia – Applicant did not appear before the Tribunal – No reasons for the review to be reinstated – Application dismissed

LEGISLATION
Migration Act 1958, ss 426A, 426B
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 a decision made by a delegate of the Minister for Immigration on [date] March 2017 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).

2. On 27 February 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.

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. The applicant responded within 14 days after receiving notice of the decision. In that response he said:

   Dear Sir, I'm [applicant’s name] would like to apologize to you for not contacting you for some reason ... On [date]/2/2018 I am still working and no opportunity to contact the tribunal... And after I think, I made the right decision to stop from [Company 1] on [date]/3/2018 ... and decided to go back to my country on [date]/3/2018 .. I apologize for any inconvenience .. . Thank you.

5. Even if the Tribunal considers that this is an application for reinstatement of the application within time, for the following reasons, the Tribunal did not consider it appropriate to reinstate the application.

6. In his response the applicant does not indicate that there was any reason he could not participate in the hearing by telephone, as the Tribunal had indicated to him, and his reasoning that he needed to work appears to be contradicted by his decision to cease working shortly after the hearing and his decision to return to his country on 20 March. The Tribunal does not accept that the applicant has presented any reasons to indicate that the review should be reinstated and finds that in this case reinstatement is not justified.

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

   DECISION

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

   Sean Baker
   Member