1830642 (Refugee)

[2023] AATA 4691

1830642 (Refugee) [2023] AATA 4691 (30 October 2023)

DECISION RECORD

DIVISION:  Migration & Refugee Division

CASE NUMBER:  1830642

COUNTRY OF REFERENCE:                   China

MEMBER:  Frank Russo

DATE:  30 October 2023

PLACE OF DECISION:  Sydney

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

Statement made on 30 October 2023 at 10:33am

CATCHWORDS

REFUGEE – protection visa – China – dismissal decision – failure to attend Tribunal hearing – 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.

In accordance with s 431 of the Migration Act 1958 (Cth), the Tribunal will not publish any statement which may identify the applicant or any relative or dependant of the applicant.

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 16 October 2018 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

1. On 12 October 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.

1. On 13 October 2023, the Tribunal notified the applicant of the dismissal decision and gave 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.

1. 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

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

Frank Russo Member

Case Number 1830642  Page 2 of 2