1732265 (Refugee)

[2024] AATA 823

1732265 (Refugee) [2024] AATA 823 (7 February 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1732265

COUNTRY OF REFERENCE:                   China

MEMBER:Frank Russo

DATE:7 February 2024

PLACE OF DECISION:  Sydney

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

Statement made on 7 February 2024 at 9:40am

CATCHWORDS

REFUGEE – protection visa – China – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – another, later application for review – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), ss 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 dependants.

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 27 November 2017 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. On 22 January 2024 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. Notice of the dismissal decision was sent to both the postal and email addresses provided by the applicant for the current application for review, as well as to both the postal and email addresses provided by the applicant in respect of his more recent application for review in Tribunal Case File Number 2303716. The notices sent to the postal and email addresses provided by the applicant for the current application for review were both returned to sender, however the notices sent to the postal and email addresses for Tribunal Case File Number 2303716 were not returned to sender.

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.

   Frank Russo
   Member