1834894 (Refugee)

[2024] AATA 4237

1834894 (Refugee) [2024] AATA 4237 (2 August 2024)

DECISION RECORD

DIVISION:	Migration & Refugee Division
CASE NUMBER:	1834894
COUNTRY OF REFERENCE:	Malaysia
MEMBER:	Fraser Robertson
DATE:	2 August 2024
PLACE OF DECISION:	Perth
DECISION:	1.     The Tribunal confirms the decision to dismiss the application.
Statement made on 02 August 2024 at 8:21am

CATCHWORDS
REFUGEE – protection visa – Malaysia – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), ss 426A(1A)(b), (1E), (1F), 426B(5), 441A(5)(b), 441C(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 dependants.

STATEMENT OF DECISION AND REASONS

1. The applicant applied for review of a decision made by a delegate of the responsible Minister to refuse to grant them a protection visa under the Migration Act 1958 (Cth).

2. On 16 July 2024 the Tribunal dismissed the application pursuant to s 426A(1A)(b) of the Act. The applicant was sent a written statement that set out that decision and the reasons for it the same day.[1]

   [1]      Migration Act 1958 (Cth), s 426B(5).

3. Those documents were sent by email to the last email address provided to the Tribunal in connection with the review.[2] The applicant is taken to have received that material at the end of the day on which they were transmitted.[3]

   [2]      Migration Act 1958 (Cth), s 441A(5)(b).

   [3]      Migration Act 1958 (Cth), s 441C(5).

4. 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 the dismissal of the application being confirmed.

5. As the applicant did not apply for reinstatement of the application within the 14-day period, the Tribunal must confirm the decision to dismiss the application.[4] That means the decision under review is taken to be affirmed.[5]

   [4]      Migration Act 1958 (Cth), s 426A(1E).

   [5]      Migration Act 1958 (Cth), s 426A(1F).

   DECISION

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

   Fraser Robertson

   Member