JOE (Migration)

[2018] AATA 200

JOE (Migration) [2018] AATA 200 (1 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Zahra Joe
Mr Benjut Borja Aparicio
Master Lucas Sylva Joe Aparicio

CASE NUMBER:  1703478

DIBP REFERENCE(S):  BCC2015/3777241

MEMBER:Wan Shum

DATE:1 February 2018

PLACE OF DECISION:  Sydney

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

Statement made on 01 February 2018 at 9:22am

CATCHWORDS

Migration – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Skilled) – Did not appear before the Tribunal – Application dismissed

LEGISLATION
Migration Act 1958, ss 362B, 362C

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 9 February 2017 to refuse to grant the applicants Temporary Business Entry (Class UC) Subclass 457 visas under the Migration Act 1958 (the Act).

2. On 11 January 2018 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The 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 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 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.

   Wan Shum
   Member