1921704 (Refugee)
[2024] ARTA 143
•13 November 2024
1921704 (Refugee) [2024] ARTA 143 (13 November 2024)
DECISION AND
REASONS FOR DECISION
Respondent: Minister for Home Affairs
Tribunal Number: 1921704
Country of reference: Fiji
Tribunal:Adam Johnson
Place:Sydney
Date: 13 November 2024
Decision:The Tribunal confirms the decision to dismiss the application.
Statement made on 13 November 2024 at 3:31pm
CATCHWORDS
REFUGEE – protection visa – Fiji – dismissal decision – failure to attend Tribunal hearing – dismissal confirmed – decision under review affirmed
LEGISLATION
Migration Act 1958, ss 426A, 426B
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
This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 31 July 2019 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (Cth) (the Act).
On 27 September 2024 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.
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) of the Act. 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:
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
The Tribunal confirms the decision to dismiss the application.
Adam Johnson
Member
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