1814847 (Refugee)

[2024] AATA 1864

1814847 (Refugee) [2024] AATA 1864 (9 May 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1814847

COUNTRY OF REFERENCE:                   Taiwan

MEMBER:Jessica Edis

DATE:9 May 2024

PLACE OF DECISION:  Perth

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

Statement made on 09 May 2024 at 9:46am

CATCHWORDS

REFUGEE – protection visa – Taiwan – dismissal decision – failure to attend Tribunal hearing – multiple attempts to contact applicant – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 425, 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 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.      The applicant lodged an application for review with the Tribunal on 22 May 2018. On the application for review form the authorised recipient was appointed by the applicant to receive correspondence in relation to his application for review.

3.      On 26 February 2024 the Tribunal sent an email to the applicant’s authorised recipient about the applicant’s review. The applicant was informed that his case was being prepared to be given to a Tribunal Member. The applicant was also invited to complete a ‘Pre-hearing information form’ within 7 days so as to update the information on his file.

4.      On 29 February 2024 the Tribunal received a “Delivery Status Notification (Failure)” in response to the email that was sent to the applicant on 26 February 2024. The notification indicated that the Tribunal’s message was “undeliverable” because “the recipient’s inbox is out of storage space and inactive”.

5.      The applicant did not provide a contact phone number on the application for review form and, as such, the Tribunal was unable to attempt to correspond with him via such means.

6. On 7 March 2024 the applicant was invited under s 425 of the Migration Act 1958 (Cth) (the Act) to appear before the Tribunal on 11 April 2024 at 10:00am. The hearing invitation was sent:

·to the email address supplied to the Tribunal on the application for review form; and

·by registered post to:

othe authorised recipient address supplied to the Tribunal on the application for review form; and

othe applicant address supplied to the Tribunal on the application for review form.

7.      The hearing invitation:

·stated that if the applicant did not attend the hearing, the Tribunal may dismiss the application for review without any further consideration of the application or the information before it; and

·requested the applicant to complete a ‘Response to hearing invitation form’ within 7 days.

8.      On 11 March 2024 the Tribunal received a “Delivery Status Notification (Failure)” in response to the email that was sent to the applicant annexing the hearing invitation.

9.      On 4 April 2024 the Tribunal checked the status of the two hearing invitations sent by registered post on 8 March 2024. Both hearing invitations were not collected and still awaiting collection at the respective post offices.

10.       On 15 April 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.

11.       On 15 April 2024 the Tribunal sought to notify the applicant of the dismissal decision and provide him with a copy of a written statement setting out the decision and the reasons for the decision, in accordance with s 426B(5), by sending these documents:

·     to the email address supplied to the Tribunal on the application for review form; and

·     by registered post to:

o   the authorised recipient address supplied to the Tribunal on the application for review form; and

o   the applicant address supplied to the Tribunal on the application for review form.

12.       Within the above documents, the applicant was advised that he could seek reinstatement of the application within 14 days of receiving the dismissal statement but that a failure to apply for reinstatement within the 14-day period would result in confirmation of the dismissal decision.

13.       On 15 April 2024 the Tribunal received a “Delivery Status Notification (Failure)” in response to the email that was sent to the applicant annexing the above documents.

14.       Meanwhile, the letters which were sent to the applicant by registered post on 15 April 2024 were subsequently received by the Tribunal on 6 and 7 May 2024 (respectively) and marked ‘Returned to Sender’.

15.       Unsurprisingly, the applicant has not applied for reinstatement of the application within the 14-day period or at all.

16.       Notwithstanding the difficulties associated with attempting to locate the applicant in this case, the decision under review is now taken to be affirmed.

DECISION

17.       The Tribunal confirms the decision to dismiss the application.

Jessica Edis
Member