2015362 (Refugee)

[2025] ARTA 338

2015362 (REFUGEE) [2025] ARTA 338 (3 JANUARY 2025)

DECISION AND  

REASONS FOR DECISION

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2015362

Tribunal:General Member A Faram

Place:Melbourne

Date:  3 January 2025

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

Statement made on 03 January 2025 at 2:59pm

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

LEGISLATION
Migration Act 1958 (Cth), ss 368B(5), 368C(6)
Administrative Review Tribunal Art 2024 (Cth), s 99

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 8 October 2020 to refuse to grant the Applicants Protection (Class XA) Subclass 866 visas under the Migration Act 1958 (Cth) (the Act).

2. On 5 December 2024 the Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 (Cth).

3. The Applicants were notified of the dismissal decision and given a copy of a written statement setting out the decision, in accordance with s 368B(5). The Applicants were advised that reinstatement of the application could be sought by 2 January 2025, that is, within 28 days of receiving the dismissal statement. They were also advised that a failure to apply for reinstatement within time would result in confirmation of the dismissal decision.

4. As the Applicants 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, and in accordance with s 368C(6) of the Act, the decisions under review are taken to be affirmed.

   DECISION

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