1914833 (Refugee)

[2021] AATA 5241

1914833 (Refugee) [2021] AATA 5241 (17 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1914833

COUNTRY OF REFERENCE:                   China

MEMBER:David McCulloch

DATE:17 November 2021

PLACE OF DECISION:  Sydney

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

Statement made on 17 November 2021 at 11:40am

CATCHWORDS
REFUGEE – protection visa – China – non-appearance before the Tribunal ­– application dismissed – failure to apply for reinstatement – decision under review dismissed

LEGISLATION
Migration Act 1958 (Cth), 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 dependant.

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 May 2019 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. On 14 October 2021 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. 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

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

   David McCulloch
   Member