1808868 (Refugee)

[2023] AATA 4672

1808868 (Refugee) [2023] AATA 4672 (8 December 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1808868

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Garry Fitzgerald SC

DATE:8 December 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 08 December 2023 at 9:19am

CATCHWORDS
REFUGEE – protection visa – Malaysia – non-attendance at hearing – did not apply for re-instatement in specified time – decision under review dismissed

LEGISLATION
Migration Act 1958 (Cth), ss 426A(1A)(b), 426B(5)
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 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 Home Affairs on 20 March 2018 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. On 23 November 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.

3. The applicant was notified by the Tribunal on 23 November 2023 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.

   Garry Fitzgerald SC
   Member