2007914 (Refugee)

[2025] ARTA 2088

2007914 (REFUGEE) [2025] ARTA 2088 (13 MARCH 2025)

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2007914

Tribunal:General Member Summerfield

Place:Perth

Date:13 March 2025

CORRIGENDUM

Date of Corrigendum:  23 April 2025

Pursuant to s 114 of the Administrative Review Tribunal Act 2024 (Cth), the following alteration is made to the decision.

The date of decision is altered to read: 13 March 2025

Statement made on 23 April 2025 at 9:04am

DECISION AND  

REASONS FOR DECISION

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2007914

Tribunal:General Member Summerfield

Place:Perth

Date:  13 February 2025

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

Statement made on 13 March 2025 at 4:40pm

CATCHWORDS

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

LEGISLATION

Administrative Review Tribunal Act 2024, s 99
Migration Act 1958, s 368B

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 24 April 2020 to refuse to grant the visa applicant a Protection (Class XA) Subclass 866 visa under the Migration Act 1958 (Cth) (the Act).

2. On 12 February 2025 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.

   Date of hearing:    12 February 2025

   Representative for the Applicant:        Not applicable