1727324 (Refugee)

[2023] AATA 4559

1727324 (Refugee) [2023] AATA 4559 (10 November 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1727324

COUNTRY OF REFERENCE:                   China

MEMBER:Lilly Mojsin

DATE:10 November 2023

PLACE OF DECISION:  Sydney

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

Statement made on 10 November 2023 at 11:11am

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

LEGISLATION
Migration Act 1958 (Cth), ss 425, 426A, 426B

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 and Border Protection on 11 October 2017 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. The review applicant was invited under s 425 of the Migration Act 1958 (Cth) (the Act) to appear before the Tribunal on 24 October 2023 at 9.30 am, and due to a typographical error this date was noted as 25 October 2023 on the Tribunal’s Non-Appearance Decision made on 25 October 2023.

3. On 25 October 2023 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, being 24 October 2023 at 9.30am.

4. 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.

5. 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

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

   Lilly Mojsin
   Member