1705492 (Refugee)

[2020] AATA 4524

1705492 (Refugee) [2020] AATA 4524 (13 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1705492

COUNTRY OF REFERENCE:                   Vietnam

MEMBER:Nicholas McGowan

DATE:13 October 2020

PLACE OF DECISION:  Sydney

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

CATCHWORDS

REFUGEE – protection visa – Vietnam – non-appearance before the Tribunal ­– application dismissed – failure to apply for reinstatement – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), ss 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 on 2 March 2017 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).

2. On 18 September 2020 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.

   Nicholas McGowan
   Member