1834166 (Refugee)

[2023] AATA 4569

1834166 (Refugee) [2023] AATA 4569 (21 November 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1834166

COUNTRY OF REFERENCE:                   China

MEMBER:James Silva

DATE:21 November 2023

PLACE OF DECISION:  Sydney

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

Statement made on 21 November 2023 at 9:38am

CATCHWORDS

REFUGEE – Protection visa – China – applicant failed to attend tribunal hearing – failure to apply for reinstatement within the 14 day period – decision to dismiss the application confirmed

LEGISLATION

Migration Act 1958, s 426A(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 dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Home Affairs on 26 October 2018 to refuse to grant the visa applicants protection visas under the Migration Act 1958 (Cth) (the Act).

2. On 6 November 2023, the Tribunal dismissed the application under s 426A(1A)(b) of the Act as the applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The applicants were 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 applicants were 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. As the applicants 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 decisions under review are taken to be affirmed.

   DECISION

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

   James Silva
   Member