Bal (Migration)

[2018] AATA 1680

Bal (Migration) [2018] AATA 1680 (12 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Manpreet Singh Bal
Ms Ramandeep Kaur Bal
Mr Karanvir Singh Bal

CASE NUMBER:  1704837

DIBP REFERENCE(S):  BCC2016/1443736

MEMBER:Tim Connellan

DATE:12 April 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 12 April 2018 at 3:05pm

CATCHWORDS

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

LEGISLATION

Migration Act 1958, ss 362B, 362C

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 3 March 2017 to refuse to grant the visa applicants Student (Temporary) (Class TU) Subclass 573 visas under the Migration Act 1958 (the Act).

2. On 20 March 2018 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. The review applicants 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. On 26 March 2018 the Tribunal received an email from the applicant saying the reason he did not attend the hearing on 20 March 2018 was because his child was seriously ill with a high fever and vomiting and they went to the doctor that day. The email said please find the medical certificate attached to this email. The Medical Certificate attached from a Dr Lad in Blackmans Bay, Tasmania, was completed on 22 March 2018 stating that the applicant’s son was unfit to attend school.

6. On 28 March 2018 the Tribunal wrote to the applicant and advised him that on the basis of the medical certificate dated 23 March 2018 I was not prepared to reinstate the matter.  Mr Bal was advised that to further consider reinstatement, I requested he provide evidence of a consultation on the date of the hearing (as claimed) and detail of his sons condition, not simply that he was receiving treatment and unfit for school. He was asked to provide evidence by 4 April 2018.

7. On 3 April 2018 Mr Bal emailed the Tribunal and stated that his son had an infection in his teeth, a lot of swelling on his face could not even sleep or take any food to eat and with that he got fever and vomiting. He stated they went to see emergency doctors at the Hobart Hospital but they were busy so they ended up at Dr Lad’s surgery.

8. At the date of this decision, the applicant has failed to provide the requested evidence of his son having visited a doctor on the date of the scheduled hearing as claimed.

9. In the circumstances the Tribunal does not believe that reinstatement is appropriate.

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

    DECISION

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

    Tim Connellan
    Member