Hsu (Migration)

[2018] AATA 63

Hsu (Migration) [2018] AATA 63 (11 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Jui Yen Hsu

CASE NUMBER:  1609866

DIBP REFERENCE(S):  BCC2016/1492844

MEMBER:Richard West

DATE: 11 January 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 11 January 2018 at 10:33am

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 572 visa – Did not appear before the Tribunal – Did not apply for reinstatement of the application

LEGISLATION

Migration Act 1958, 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 Immigration on 14 June 2016 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 572 visa under the Migration Act 1958 (the Act).

2. On 21 December 2017 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. On 22 December 2017 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.

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.

   Richard West
   Member