1825908 (Refugee)

[2024] AATA 1866

1825908 (Refugee) [2024] AATA 1866 (7 May 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1825908

COUNTRY OF REFERENCE:                   Taiwan

MEMBER:Nora Lamont

DATE:7 May 2024 

PLACE OF DECISION:  Melbourne

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

Statement made on 07 May 2024 at 1:43pm

CATCHWORDS

REFUGEE – protection visa – Taiwan – dismissal decision – failure to attend Tribunal hearing – request for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958, 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 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 24 August 2018 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. On 22 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.

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.

4. The applicant applied for reinstatement of the application within 14 days after receiving notice of the decision. For the following reasons, the Tribunal did not consider it appropriate to reinstate the application.

5. The applicant did not respond to the invitation to attend the hearing and did not attend the scheduled 22 April hearing. On 24 April after the Tribunal had made an initial dismissal and invited the applicant to respond to the invitation to comment the applicant sent an email on 24 April 2024 with an attachment. The email stated the following:

   I need to apply for an extension. My car broke down this morning and I couldn‘t get out. I hired a tow truck to take my car to a for repairs.

6. Attached to the email was an “[repair business]” repair/job card. It said check brakes and check service with a date and the make of the car as a [car brand]. It did not include any other information or invoice for the towing or service. The Tribunal wrote to the applicant stating the following:

   The Member requests more information as to the circumstances of your not attending the hearing, as you did not respond to the Tribunal's hearing invitation advising you would be attending the hearing.
   If you are requesting your application for review, be reinstated, the Tribunal would be assisted with more information in relation to your car breaking down, such as a receipt from the tow truck company with the time and date on it, and a bill/invoice from the car repair shop.

7. The applicant did not respond to the request for further information and to date has not provided any additional information as to why he did not respond to the hearing invite, did not attend the hearing or any further information in relation to his car. As there is no further information provided the Tribunal has concluded the application should be dismissed.

8. The decision to dismiss the application is confirmed. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

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

   Nora Lamont
   Member