1821043 (Refugee)

[2020] AATA 4464

1821043 (Refugee) [2020] AATA 4464 (13 July 2020)

REINSTATEMENT DECISION

DIVISION:Migration & Refugee Division

CASE NUMBER:  1821043

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Deputy President Jan Redfern

DATE:13 July 2020

PLACE OF DECISION:  Melbourne

DECISION:Application reinstated under s.426A(1C)(a) of the Migration Act 1958.

CATCHWORDS

REFUGEE – protection visa – Malaysia – non-appearance before the Tribunal – application for reinstatement – personal and contact details updated – application reinstated

LEGISLATION
Migration Act 1958 (Cth), ss 425, 426A

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.

1. The applicant was invited under s.425 of the Migration Act 1958 (the Act) to appear before the Tribunal by telephone on 1 July 2020 but did not do so. The Tribunal dismissed the application under s.426A(1A)(b) of the Act and the applicant applied for reinstatement of the application within the prescribed period.

2. On 4 and 6 July 2020, the Tribunal received an email from the applicant advising that he had updated his personal and contact details on VEVO on 12 June 2020 which was prior to the scheduled hearing. On 8 July 2020, the Tribunal wrote to the applicant advising that the Tribunal is an independent reviewer and that VEVO is a system used by the Department of Home Affairs, and according the Tribunal’s records, the applicant did not update his personal and contact details with the Tribunal. The Tribunal requested the applicant provide the Tribunal with evidence demonstrating that he updated his VEVO account. On 11 July 2020, the applicant provided the Tribunal with a written submission and a copy of Department Form 929 signed and dated 10 June 2020.

3. Based on the material provided by the applicant I am satisfied that he did not participate in the scheduled hearing on 1 July 2020 and did not receive the telephone call at the appointed time. The applicant has provided a satisfactory explanation of why he did not attend the scheduled hearing. I note that the applicant is self-represented. I therefore consider it appropriate to reinstate the application.

   Statement made on 13 July 2020 at 5:00 PM