HABEEB MOHAMMED MAHROOF (Migration)

[2018] AATA 2800

HABEEB MOHAMMED MAHROOF (Migration) [2018] AATA 2800 (5 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Mohammed Rishad HABEEB MOHAMMED MAHROOF
Mrs Fathima Hasani MOHAMED JAMEEL ATHAULLAH

CASE NUMBER:  1606455

DIBP REFERENCE(S):  BCC2015/3300702

MEMBER:Alison Mercer

DATE:5 June 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 05 June 2018 at 10:45am

CATCHWORDS

Migration – Training and Research (Class GC) visa – Subclass 402 (Training and Research) – Dismissal decision – Failure to attend Tribunal hearing – Decision under review dismissed

LEGISLATION

Migration Act 1958, 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 Immigration on 18 April 2016 to refuse to grant the visa applicants GC – Training and Research (Class GC) Subclass 402 visas under the Migration Act 1958 (the Act).

2. On 10 May 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 via their agent and authorised recipient for correspondence on 11 May 2018 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.

   Alison Mercer
   Member