2319501 (Refugee)

[2025] ARTA 2090

2319501 (Refugee) [2025] ARTA 2090 (7 September 2025)

DECISION AND  

REASONS FOR DECISION

Respondent:  Minister for Immigration and Citizenship

Tribunal Number:  2319501

Tribunal:Clyde Cosentino

Place:Brisbane

Date:  7 September 2025

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

Statement made on 07 September 2025 at 8:15am

CATCHWORDS

REFUGEE – protection visa – Vietnam – dismissal decision – failure to attend Tribunal hearing – reinstatement application – inadequate explanation – dismissal confirmed – decision under review affirmed

LEGISLATION

Administrative Review Tribunal Act 2024 (Cth), s 99
Migration Act 1958 (Cth), ss 368B, 369

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 decisions made by a delegate of the Minister for Home Affairs on 28 November 2023 to refuse to grant the visa applicants Protection (Class XA) Subclass 866 visas under the Migration Act 1958 (Cth) (the Act).

2. On 11 August 2025, the Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 (Cth) as the review applicants did not appear before it at the time and date of the scheduled hearing.

3. On 11 August 2025, the review 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 review applicants were 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. The review applicants were advised that if they applied for reinstatement, they should set out why they failed to appear at the hearing and provide any other information they wanted the Tribunal to take into consideration when deciding whether their reinstatement application should be granted.

4. On 3 September 2025, the review applicants applied for reinstatement of the application by email, stating as follows:

   In reply to your message, the failed reasons for [missing] the hearing appointment,
   As daily much pressure of living and metal (sic), missed the hearing appointment.
   I’m taking this opportunity pleading for rescheduling the case.
   Also pleading for the Administrative Review Tribunal to look and making Decision on my behalf.

5. The Tribunal has considered the information provided in the reinstatement application and other relevant matters as outlined below. For the following reasons, the Tribunal does not consider it appropriate to reinstate the application.

6. The review applicants’ reasons for failing to appear at the scheduled Tribunal hearing and any other information they wished the Tribunal to consider are that they had much daily pressure of living and mental health concerns.  These are the only reasons provided by the review applicants and all the information provided to the Tribunal to consider.  The review applicants were advised in the hearing invitation that the hearing was an opportunity for them to present further information regarding their claims and 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.

7. The review applicants have not provided any evidence or information as to how “much pressure of living” prevented them from appearing at the Tribunal hearing. They have not provided any documentation to support their statement that they might be suffering mentally and that this prevented them from attending the hearing. The review applicants have not provided any other information in support of their reinstatement application. Based on the available information, they Tribunal does not consider that the review applicants have provided a reasonable or acceptable explanation for their failure to attend the hearing.

8. The Tribunal has also considered the review applicant’s conduct generally in progressing their review application. Since lodgement of the review applicants’ application for review at this Tribunal where they provided their authorised email address for communication, the Tribunal has reached out to the review applicants by email on 4 December 2023 (Acknowledgement of Application which included a request that the review applicants tell the Tribunal immediately if there were any change of contact details and/or change of personal circumstances that were relevant to the review); by email on 30 January 2025 (indicating that the file was being prepared for a Tribunal Member and that the review applicants were invited to complete a pre-hearing information form); by email on 23 July 2025 (Notice of Hearing Invitation which informed the review applicants to “Please use the ‘Response to hearing notice’ form attached to this letter or attach additional information if you have any requests or any new information which you wish us to consider”); and by email on 31 July 2025 (Hearing invitation follow-up email). In each of these instances, the review applicants had not communicated or engaged with the Tribunal and had not made any attempt to progress their application for review.

9. The Tribunal acknowledges the review applicants’ request seeking a rescheduling of their case and for the Tribunal to “look and [make] a decision on [their] behalf.”  However, as outlined above, the review applicants have been given several opportunities to present their case and to engage with the Tribunal. Therefore, the Tribunal is not satisfied that they have provided an adequate explanation for their non-appearance before the Tribunal. 

10. The decision to dismiss the application is confirmed. In these circumstances, the decisions under review are taken to be affirmed.

    DECISION

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