Ji (Migration)

[2020] AATA 3579

Ji (Migration) [2020] AATA 3579 (13 July 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Mengjie Ji
Mr Haozhan Xie
Mr Anthony Xie

CASE NUMBER:  1915160

DIBP REFERENCE(S):  BCC2018/2299979

MEMBER:Phoebe Dunn

DATE:13 July 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 13 July 2020 at 11:34am

CATCHWORDS

MIGRATION – Regional Employer Nomination (Permanent) Subclass 187 visa – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)– failure to apply for reinstatement within the 14 day period – decision under review dismissed

LEGISLATION

Migration Act 1958, s 362

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 11 June 2019 to refuse to grant the visa applicants Regional Employer Nomination (Permanent) Subclass 187 visas under the Migration Act 1958 (the Act).

2. On 17 June 2020, 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.

   Phoebe Dunn
   Member