1804712 (Refugee)

[2021] AATA 5162

1804712 (Refugee) [2021] AATA 5162 (8 December 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1804712

COUNTRY OF REFERENCE:                   China

MEMBER:Sean Baker

DATE:8 December 2021

PLACE OF DECISION:  Melbourne

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

8 December 2021 at 2.38pm

CATCHWORDS

REFUGEE – Protection visa – China – applicant failed to attend tribunal hearing – failure to apply for reinstatement within the 14-day period – decision to dismiss the application confirmed

LEGISLATION

Migration Act 1958, ss 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 Home Affairs on 30 January 2018 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. On 23 November 2021, 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 day 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.

   Sean Baker
   Member