2013545 (Refugee)

[2024] ARTA 58

DECISION AND  

REASONS FOR DECISION

2013545 (Refugee) [2024] ARTA 58 (4 December 2024)

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2013545

Tribunal:General Member Kathleen Timbs

Place:Sydney

Date:  4 December 2024

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

Statement made on 04 December 2024 at 9:47am

CATCHWORDS
REFUGEE – protection visa – Fiji – 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 27 August 2020 to refuse to grant the visa applicant a Protection (Class XA) Subclass 866 visa under the Migration Act 1958 (the Act).

2. On 5 December 2024 the Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 as the review applicant did not appear before it at the time and date of the scheduled hearing.

3. On the same day, the Tribunal notified the review applicant of the dismissal decision and gave him copy of a written statement setting out the decision, in accordance with s 368B(5) of the Act. 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.