1814295 (Refugee)

[2024] AATA 828

1814295 (Refugee) [2024] AATA 828 (22 March 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1814295

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Peter Katsambanis

DATE:22 March 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 22 March 2024 at 8:53am

CATCHWORDS
REFUGEE – protection visa – Malaysia – no appearance at hearing – application for review dismissed – notification email returned – courtesy notification by registered post – no response or application for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 426(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 Home Affairs on 3 May 2018 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. On 6 March 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 on 7 March 2024 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. The notification, sent by email pursuant to s 426B(5), was returned to sender. As a courtesy only, the Tribunal also sent the notification by registered post to the applicant’s last known address. At the time of making this decision, no response has been received from the applicant.

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.

   Peter Katsambanis
   Member