DEEKHAMWONG (Migration)

[2020] AATA 5976

DEEKHAMWONG (Migration) [2020] AATA 5976 (2 December 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Seksan DEEKHAMWONG

CASE NUMBER:  1807836

DIBP REFERENCE(S):  BCC2018/252382

MEMBER:Meredith Jackson

DATE:2 December 2020

PLACE OF DECISION:  Brisbane

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

Statement made on 02 December 2020 at 9:19am        

CATCHWORDS

MIGRATION – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)– decision under review dismissed

LEGISLATION

Migration Act 1958, ss 65, 362

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 15 March 2018 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

2. On 16 November 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.

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. As the review applicant 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 decision under review is taken to be affirmed.

   DECISION

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

   Meredith Jackson
   Member