Dongsao (Migration)

[2023] AATA 70

Dongsao (Migration) [2023] AATA 70 (3 January 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Victor Jr Faldas Dongsao
Mrs Chia-Chiao Hsu

REPRESENTATIVE:  Mrs Elaine Nunez (MARN: 1172914)

CASE NUMBER:  1925026

HOME AFFAIRS REFERENCE(S):          BCC2019/4315411

MEMBER:Namoi Dougall

DATE:3 January 2023

PLACE OF DECISION:  Sydney

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

Statement made on 03 January 2023 at 11:25am

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 362(1A)(b), 362C(5)

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 2 September 2019 to refuse to grant the visa applicants GK – Temporary Skill Shortage (Class GK) Subclass 482 visas under the Migration Act 1958 (Cth) (the Act).

2. On 13 December 2022, 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. As the review applicants 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.

   Namoi Dougall
   Member