Hwang (Migration)

[2021] AATA 3101

Hwang (Migration) [2021] AATA 3101 (6 July 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Seongtaek Hwang

CASE NUMBER:  1905981

HOME AFFAIRS REFERENCE(S):          BCC2018/5682920

MEMBER:Dr Jason Harkess

DATE:6 July 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 06 July 2021 at 9:23am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) Subclass 500 visa – applicant failed to attend tribunal hearing – dismissal decision was sent in accordance with s 362C(5) – 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 Home Affairs on 21 February 2019 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (Cth) (the Act).

2. On 21 June 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.

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.

   Dr Jason Harkess
   Member