Jahfoufi (Migration)

[2017] AATA 1763

Jahfoufi (Migration) [2017] AATA 1763 (14 September 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Doreid Ghassan Jahfoufi
Mr Ziad Doreid Yahfoufi

CASE NUMBER:  1611138

DIBP REFERENCE:  CLF2012/200507

MEMBER:David Barker

DATE:14 September 2017

PLACE OF DECISION:  Sydney

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

Statement made on 14 September 2017 at 1:36pm

CATCHWORDS

Migration – Partner (Temporary) (Class UK) visa – Subclass 820 – Non-attendance at hearing – Application dismissed – No application for re-instatement within 14 days

LEGISLATION

Migration Act 1958, ss 65, 362B(1A)(b), 362C(5)

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 1 July 2016 to refuse to grant the visa applicants Partner (Temporary) (Class UK) Subclass 820 visas under the Migration Act 1958 (the Act).

2. On 30 August 2017 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 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.

   David Barker
   Member