Ahmed (Migration)

[2022] AATA 2963

Ahmed (Migration) [2022] AATA 2963 (25 July 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Sufi Rashed Ahmed

VISA APPLICANTS:  Ms Sharmin Rashid
Master Sufi Shayaan Ahmed
Master Sufi Rayyan Ahmed

CASE NUMBER:  1830158

HOME AFFAIRS REFERENCE:               BCC2016/2225987

MEMBER:Rosa Gagliardi

DATE:25 July 2022

PLACE OF DECISION:  Australian Capital Territory

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

Statement made on 25 July 2022 at 2:06pm

CATCHWORDS

MIGRATION – Partner (Provisional) (Class UF) visa – Subclass 309 (Spouse (Provisional)) – dismissal decision – failure to attend Tribunal hearing – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 362B, 362C
Migration Regulations 1994

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Home Affairs on 9 August 2018 to refuse to grant the visa applicants Partner (Provisional) (Class UF) Subclass 309 visas under the Migration Act 1958 (Cth) (the Act).

2. On 7 July 2022 the Tribunal dismissed the application under s 362B(1A)(b) of the Act as the review applicant did not appear before it to give evidence and present arguments 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 and the reasons for the decision, in accordance with s 362C(5). The review applicant was advised that reinstatement of the application could be sought within 14 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 14-day period would result in confirmation of the dismissal decision.

4. As the review applicant did not apply for reinstatement of the application within the 14 days period, the Tribunal must confirm the decision to dismiss the application. In these circumstances, the decisions under review are taken to be affirmed.

   DECISION

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

   Rosa Gagliardi
   Member