Alvarez Martinez (Migration)

[2020] AATA 5641

Alvarez Martinez (Migration) [2020] AATA 5641 (10 November 2020)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Mr Jose Urbano Alvarez Martinez

CASE NUMBER:  1910836

DIBP REFERENCE(S):  BCC2016/2491685

MEMBER:  Steven Griffiths

DATE:  10 November 2020

PLACE OF DECISION:  Adelaide

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

Statement made on 10 November 2020 at 11:03am

CATCHWORDS

MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – non- appearance before the Tribunal – application dismissed – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), ss 362B, 362C

STATEMENT OF DECISION AND REASONS APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 10 April 2019 to refuse to grant the visa applicant a Partner (Temporary) (Class UK) Subclass 820 visa under the Migration Act 1958 (the Act).

1. On 28 October 2020 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.

1. 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.

1. The registered migration agent of the applicant presented to the Adelaide offices of the Tribunal late in the afternoon of the day of the scheduled hearing and wrote a statement that his client “to the best of knowledge is still interested in the application we have supported. He perhaps has gone overseas temporarily and will come back. I would urge you to keep the application open and ready for consideration.”

1. The Tribunal wrote to the applicant, provided by email to the registered migration agent, on 29 October 2020, in which the written request was noted, while requesting that information on four specific areas, being confirmation on if the migration agent made the applicant and sponsor aware of the hearing date, confirmation on if the applicant wishes to proceed, confirmation on if the sponsor wishes to proceed and contact details for the applicant, which the Tribunal required to make a decision on a reinstatement of the application, noting that a response was required by close of business 9 November 2020.

1. The Tribunal notes that a response has not been received.

1. With the required information not provided, the Tribunal did not consider it appropriate to reinstate the application.

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

DECISION

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

Steven Griffiths Member

Case Number 1910836  Page 2 of 2