Abdullahi and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

[2022] AATA 4798

Abdullahi and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 4798 (17 October 2022)

Division:GENERAL DIVISION

File Number(s):2022/6806      

Re:Hanat Abdullahi

APPLICANT

AndMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

RESPONDENT

Decision

Tribunal:Member Lee Benjamin

Date:17 October 2022

Place:Brisbane

The application is dismissed pursuant to subsection 42A(5) of the Administrative Appeals TribunalAct 1975 (Cth).

........[SGD]........................................................

Member Lee Benjamin

Catchwords

Administrative Appeals Tribunal Act – Applicant’s failure to comply with directions in relation to application for review of a decision under section 501CA of the Migration Act 1958

Legislation

Administrative Appeals Tribunal Act 1975 (Cth)

Migration Act 1958

REASONS FOR DECISION

Member Lee Benjamin

17 October 2022

1. On 23 September 2021, a delegate of the Respondent, pursuant to subsection 501(3A) of the Migration Act 1958 (Cth), mandatorily cancelled the Applicant’s Class TY Subclass 444 Special Category (Temporary) visa.

2. On 15 October 2021, the Applicant requested the Respondent’s department to revoke the mandatory visa cancellation decision (“Revocation Request”).

3. On 21 June 2022, the Applicant’s solicitor filed submissions to the Respondent’s department in support of the Revocation Request.

4. On 17 August 2022, a delegate of the Respondent declined the Revocation Request (“Revocation Request Decision”).

5. On 23 August 2022, the Applicant filed an application with the Administrative Appeals Tribunal (“Tribunal”) for review of the Revocation Request Decision (“Review Application”).

6. On 31 August 2022, the Tribunal issued directions under which, inter alia, (1) the Applicant was, by 19 September 2022, to file and serve: (a) any witness statements and other evidence on which the Applicant intends to rely at the hearing; and (b) his Statement of Facts, Issues and Contentions (“SFIC”); and (2) the hearing was listed for 17 - 18 October 2022.

7. On 11 September 2022, the Applicant wrote to the Tribunal and requested an extension of time to file (a) any witness statements and other evidence on which the Applicant intends to rely at the hearing; and (b) his SFIC.

8. On 16 September 2022, the Tribunal convened a directions hearing by telephone for the purpose of considering the Applicant’s extension of time request.

9. On 16 September 2022, the Tribunal issued directions under which, inter alia, (1) the Applicant was, by 30 September 2022, to: (i) file and serve (a) any witness statements and other evidence on which the Applicant intends to rely at the hearing; and (b) his SFIC; and (ii) pay the require application fee of $100 to the Tribunal; and (2) the hearing was re-listed for 3 - 4 November 2022 (the “16 September 2022 Directions”). 

10. On 30 September 2022, the Applicant failed to comply with the 16 September 2022 Directions.

11. On 7 October 2022, the Tribunal convened a directions hearing by telephone for the purpose of considering the Applicant’s non-compliance with the 16 September 2022 Directions. At the hearing, I put the Applicant on notice that the Tribunal would dismiss his Review Application under subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth) (the “Act”) if the Applicant failed within a reasonable time to comply with the Tribunal’s directions.

12. On 7 October 2022, the Tribunal issued directions under which, inter alia, the Applicant was, by 14 October 2022, to: (i) file and serve (a) any witness statements and other evidence on which the Applicant intends to rely at the hearing; and (b) his SFIC; and (ii) pay the require application fee of $100 to the Tribunal (the “7 October 2022 Directions”). The 7 October 2022 Directions put the Applicant on notice that the Tribunal would dismiss his Review Application under subsection 42A(5) of the Act if the Applicant failed within a reasonable time to comply with the Tribunal’s directions.

13. On 14 October 2022, the Applicant failed to comply with the 7 October 2022 Directions. I note that the Applicant did not, on or before 14 October 2022, request an extension of time to comply with the 7 October 2022 Directions. 

14. Accordingly, I dismiss the Review Application pursuant subsection 42A(5) of the AAT Act.

15.      

I certify that the preceding 14 (fourteen) paragraphs are a true copy of the reasons for the decision herein of Member Lee Benjamin

.................[SGD].........................

Associate

Dated: 17 October 2022