HONG (Migration)

[2022] AATA 1467

HONG (Migration) [2022] AATA 1467 (10 January 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Peigen HONG

VISA APPLICANT:  Ms Zhixi CHEN

CASE NUMBER:  2003988

HOME AFFAIRS REFERENCE(S):          BCC2019/6391229

MEMBER:Andrew McLean Williams

DATE:10 January 2021

PLACE OF DECISION:  Brisbane

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

Statement made on 10 January 2022 at 12:16pm

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmed

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

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 Home Affairs on 22 January 2020 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under the Migration Act 1958 (Cth) (‘the Act’).

2. On 21 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.  The review applicant wrote to the Tribunal on 3 January 2022, but did not seek the reinstatement of the application by means of that correspondence.

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 decision under review is taken to be affirmed.

   DECISION

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

   Andrew McLean Williams
   Member