1836693 (Migration)

[2020] AATA 4662

1836693 (Migration) [2020] AATA 4662 (28 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1836693

MEMBER:Nicole Burns

DATE:28 August 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 28 August 2020 at 1:16pm

CATCHWORDS
MIGRATION – Bridging B (Class WB) visa – Subclass 020 (Bridging B) – dismissal decision – failure to attend Tribunal hearing – decision under review affirmed

LEGISLATION
Migration Act 1958, ss 362B, 362C

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 501K of the Migration Act 1958 and replaced with generic information.

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 Immigration on 12 December 2018 to refuse to grant the visa applicants Bridging B (Class WB) Subclass 020 visas under the Migration Act 1958 (the Act).

2. On 13 August 2020 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the review applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review 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.362C(5). The review 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 review applicants did not apply for reinstatement of the application within the 14 days period (which ended on 27 August 2020), 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.

   Nicole Burns
   Member