Amandeep Singh (Migration)

[2018] AATA 1120

Amandeep Singh (Migration) [2018] AATA 1120 (28 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr  Amandeep Singh

CASE NUMBER:  1708701

DIBP REFERENCE(S):  BCC2016/1397625

MEMBER:Richard West

DATE:28 February 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 28 February 2018 at 1:47pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 573 Higher Education Sector – Dismissal decision – Failure to attend Tribunal hearing

LEGISLATION

Migration Act 1958, 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 30 March 2017 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 573 visa under the Migration Act 1958 (the Act).

2. On 13 February 2018 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. The review applicant applied for reinstatement of the application within 14 days after receiving notice of the decision. For the following reasons, the Tribunal did not consider it appropriate to reinstate the application.

5. The application for reinstatement was received by the Tribunal Registry at 11.41 pm on 27 February 2018.  The application consisted of a brief email message in which the applicant acknowledged that he was told of the hearing on 13 February 2018 by a message on his mobile phone but said he was unable to attend the hearing “due to poor health conditions”.  The applicant’s message gave no further explanation for his failure to attend the hearing and the application for reinstatement was unsupported by any medical evidence. 

6. The Tribunal notes that the applicant offered no explanation for his non-attendance at the time of the hearing and did not avail himself of the opportunity afforded by the 14 day period provided under the Act to put a more fulsome case for reinstatement. In the absence of supporting medical information and any detail regarding the nature and extend of the applicant’s health condition, the Tribunal is unable to be satisfied that the applicant had a justifiable reason for not attending the hearing on 13 February 2018.  In the circumstances the Tribunal is not satisfied that there is a sufficient basis to conclude that it would be appropriate to reinstate the application.

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

   DECISION

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

   Richard West
   Member