BACHITER SINGH (Migration)

[2017] AATA 1202

BACHITER SINGH (Migration) [2017] AATA 1202 (10 July 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr  BACHITER SINGH

CASE NUMBER:  1611496

DIBP REFERENCE(S):  BCC2016/1748813

MEMBER:Antoinette Younes

DATE:10 July 2017

PLACE OF DECISION:  Sydney

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

Statement made on 10 July 2017 at 5:31pm

CATCHWORDS

Migration – Cancellation – Subclass 573 Student (Temporary) (Class TU) visa – Did not attend hearing – Failed to apply for reinstatement within 14 day period

LEGISLATION

Migration Act 1958, ss 362B(1A)(b), 362C(5), 362B(1E)

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 21 July 2016 to cancel the applicant’s Subclass 573 Student (Temporary) (Class TU) visa under the Migration Act 1958 (the Act).

2. On 22 June 2017, 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, that is by the 7^th of July 2017, and that a failure to apply for reinstatement within the 14 day period would result in confirmation of the dismissal decision.  On 9 July 2017, the applicant wrote to the Tribunal and he attached a medical certificate noting that he is “unfit for work study from 05/07/2017 to 12/07/2017”, which does not refer to the reasons for his non-attendance at the hearing on 22 June 2017.

4. In any event, as the review applicant did not apply for reinstatement of the application within the 14 days period, in accordance with s.362B(1E), the Tribunal must confirm the decision to dismiss the application. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

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

   Antoinette Younes

   
   Senior Member