DINH (Migration)

[2021] AATA 5654

DINH (Migration) [2021] AATA 5654 (2 December 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr An Dinh

VISA APPLICANTS:  Ms Thi Xuan Hue Tran
Miss Thi Thanh Thao Vu
Master Hong Son Vu

CASE NUMBER:  1828971

HOME AFFAIRS REFERENCE(S):          BCC2017/2311773

MEMBER:Mila Foster

DATE:2 December 2021

PLACE OF DECISION:  Sydney

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

Statement made on 02 December 2021 at 10:09am

CATCHWORDS
MIGRATION – Prospective Marriage (Temporary) (Class TO) visa – Subclass 300 (Prospective Marriage) – non-appearance before the Tribunal – application dismissed – dismissal confirmed – 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 decisions made by a delegate of the Minister for Home Affairs on 14 May 2018 to refuse to grant the visa applicants Prospective Marriage (Temporary) (Class TO) Subclass 300 visas under the Migration Act 1958 (Cth) (the Act).

2. On 17 December 2021 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 decisions under review are taken to be affirmed.

   DECISION

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

   Mila Foster
   Member