Gajjala (Migration)

[2017] AATA 1915

Gajjala (Migration) [2017] AATA 1915 (5 June 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Srinivas Reddy Gajjala

CASE NUMBER:  1612148

DIBP REFERENCE(S):  BCC2016/1131581

MEMBER:Katie Malyon

DATE:5 June 2017

PLACE OF DECISION:  Sydney

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

Statement made on 05 June 2017 at 1:02 pm

CATCHWORDS
Migration –VC - Skilled (Provisional) (Class VC) – Subclass 485 (Temporary Graduate) – Did not appear before the Tribunal – Reinstatement of the application not sought

LEGISLATION
Migration Act 1958 ss 363B, 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 15 July 2016 to refuse to grant the visa applicant, Mr Srinivas Reddy Gajjala, a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

2. On 15 May 2107, the Tribunal dismissed the application under s.362B(1A)(b) of the Act as Mr Gajjala did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. Mr Gajjala 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) of the Act. He 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 Mr Gajjala 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.

   Katie Malyon

   
   Member