1917138 (Refugee)

[2024] ARTA 55

DECISION AND  

REASONS FOR DECISION

1917138 (Refugee) [2024] ARTA 55 (2 December 2024)

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  1917138

Tribunal:General Member M Oakman

Place:Sydney

Date:  2 December 2024

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

Statement made on 02 December 2024 at 7:40am

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

LEGISLATION
Administrative Review Tribunal Act 2024 (Cth), ss 99, 368B(5)

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 369 of the Migration Act 1958 and replaced with generic information.

STATEMENT OF 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 13 June 2019 to refuse to grant the visa applicant a Protection (Class XA) Subclass 866 visa under the Migration Act 1958 (Cth) (the Act).

2. On 30 October 2024 the Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 (Cth) as the review applicant did not appear before it at the time and date of the scheduled hearing.

3. The review applicant was notified of the dismissal decision and given a copy of a written statement setting out the decision, in accordance with s 368B(5). The review applicant was advised that reinstatement of the application could be sought within 28 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 28 days period would result in confirmation of the dismissal decision.

4. As the review applicant did not apply for reinstatement of the application within the 28 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.