HU (Migration)

[2018] AATA 2819

HU (Migration) [2018] AATA 2819 (8 June 2018)

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DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Renxiang Hu

CASE NUMBER:  1729748

DIBP REFERENCE(S):  BCC2017/2098085

MEMBER:Katie Malyon

DATE:8 June 2018

PLACE OF DECISION:  Sydney

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

Statement made on 08 June 2018 at 3:28 pm

CATCHWORDS

Migration – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – 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 a decision made by a delegate of the Minister for Immigration on 7 November 2017 to refuse to grant the visa applicant, Mr Renxiang Hu, a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

2. On 23 May 2018 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as Mr Hu did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. Mr Hu 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 failure to apply for reinstatement within the 14 day period would result in confirmation of the dismissal decision.

4. As Mr Hu 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