1933238 (Refugee)

[2024] AATA 3753

1933238 (Refugee) [2024] AATA 3753 (24 June 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1933238

COUNTRY OF REFERENCE:                   Malaysia

MEMBER:Victoria Price

DATE:24 June 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 24 June 2024 at 8:39am

CATCHWORDS

REFUGEE – protection visa – Malaysia – dismissal decision – failure to attend Tribunal hearing – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 425, 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 dependants.

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

2. On 6 May 2024 the Tribunal advised the applicant that the file was being prepared for constitution to a Tribunal Member. The applicant was requested to complete the attached 'pre-hearing information' form within 7 days of receiving the Tribunal’s correspondence. The applicant did not respond.

3. The applicant was invited under s 425 of the Migration Act 1958 (Cth) (the Act) to appear before the Tribunal on 4 June 2024 at 1.00pm. The invitation stated that if they did not attend the hearing, the Tribunal may dismiss the application for review without any further consideration of the application or the information before it. The letter also requested the applicant complete the enclosed 'Response to hearing invitation' form and return it to the Tribunal within 7 days of receipt of the letter. The applicant did not respond or otherwise contact the Tribunal.

4. The Tribunal also sent SMS reminders about the hearing 5 business days and one business day before the scheduled hearing.

5. The applicant did not provide the pre-hearing information form as requested, did not respond to the hearing invitation, and did not otherwise contact the Tribunal regarding the hearing. The applicant did not appear before the Tribunal on the day and at the scheduled time and place to give evidence and present arguments. Accordingly, on 5 June 2024 the Tribunal dismissed the application under s 426A(1A)(b) of the Act.

6. 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.

7. 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

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

   Victoria Price
   Member