1707400 (Refugee)

[2020] AATA 3739

1707400 (Refugee) [2020] AATA 3739 (20 July 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1707400

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Christopher Smolicz

DATE:20 July 2020

PLACE OF DECISION:  Adelaide

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

Statement made on 20 July 2020 at 9:24AM

CATCHWORDS
REFUGEE – protection visa – Malaysia – failure to attend scheduled hearing – application dismissed – failure to apply for reinstatement – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 426A, 426B
Migration Regulations 1994 (Cth), 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 22 March 2017 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).

2. On 1 July 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.

   Christopher Smolicz
   Member