Fernando (Migration)

[2018] AATA 1103

Fernando (Migration) [2018] AATA 1103 (18 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Kurukulasuriya Anton Dharshana Sanderuwan Fernando
Mrs Bulathsinghalage Saumya Nadeeshani Perera
Ms Brielle Aryella Kurukulaburiya Fernando 

CASE NUMBER:  1700858

DIBP REFERENCE(S):  BCC2016/3876067

MEMBER:Susan Trotter

DATE:18 April 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 18 April 2018 at 8:55am

CATCHWORDS
Migration –Cancellation – Subclass 457 Temporary Business Entry (Class UC) visa – Practice and Procedure – Tribunal dismissed the application under s.362B (1A)(b) – Applicant did not appear before the Tribunal – Reinstatement not sought

LEGISLATION
Migration Act 1958, ss 362B, 362C

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 10 January 2017 to cancel the applicant’s Subclass 457 Temporary Business Entry (Class UC) visa under the Migration Act 1958 (the Act).

2. On 28 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. 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.

   Susan Trotter
   Member