Alessa (Migration)

[2019] AATA 2723

Alessa (Migration) [2019] AATA 2723 (20 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Ahmed Hassan A Alessa
Mrs Alia Dufaliah H Aleiss
Miss Alen Ahmed H Alessa

CASE NUMBER:  1617477

DIBP REFERENCE(S):  BCC2016/2575160

MEMBER:Mark O'Loughlin

DATE:20 May 2019

PLACE OF DECISION:  Adelaide

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

Statement made on 20 May 2019 at 3:47pm

CATCHWORDS
MIGRATION – Student (Temporary)(Class TU) visa – subclass 500 (Student) – review applicants did not appear at scheduled hearing – application dismissed – applicants did not apply for reinstatement – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 362

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 Immigration on 12 October 2016 to refuse to grant the visa applicants Student (Temporary) (Class TU) Subclass 500 visas under the Migration Act 1958 (the Act).

2. On 2 May 2019 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the review applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review applicants were 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 applicants were 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 applicants 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.

   Mark O'Loughlin
   Member