KC (Migration)

[2018] AATA 1118

KC (Migration) [2018] AATA 1118 (28 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sanjeep KC

CASE NUMBER:  1605200

DIBP REFERENCE(S):  BCC2015/2823874

MEMBER:Wan Shum

DATE:28 February 2018

PLACE OF DECISION:  Sydney

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

Statement made on 28 February 2018 at 9:50am

CATCHWORDS

Migration – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – Dismissal decision – Failure to attend Tribunal hearing

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 31 March 2016 to refuse to grant the applicant a Temporary Business Entry (Class UC) Subclass 457 visa under the Migration Act 1958 (the Act).

2. On 7 February 2018 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the applicant did not make himself available to appear before it to give evidence and present arguments at the time and date of the scheduled hearing. A number of attempts were made to contact the applicant for the hearing on the phone numbers provided for the review, but they were unsuccessful.

3. The 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 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 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.

   Wan Shum
   Member