1804804 (Refugee)

[2021] AATA 5306

1804804 (Refugee) [2021] AATA 5306 (20 December 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1804804

OUNTRY OF REFERENCE:  Malaysia

MEMBER:Nicole Burns

DATE:20 December 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 20 December 2021 at 10:21am

CATCHWORDS
REFUGEE – protection visa – Malaysia – non-appearance before the Tribunal ­– application dismissed – undeliverable email – registered post – failure to apply for reinstatement – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), 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 9 February 2018 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. On 2 December 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.  The Tribunal notes the notification of the dismissal decision (and decision record) was sent to the applicant by email on 3 December 2021 and on 6 December 2021 the Tribunal received notification that the email was undeliverable as it appears his email account is full.  The Tribunal had sent a courtesy copy of the notification of the dismissal decision (and decision record), dispatched by registered post to the applicant’s address on the same day the email was sent: that is 3 December 2021.

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.

   Nicole Burns
   Member