Khuon (Migration)

[2019] AATA 1498

Khuon (Migration) [2019] AATA 1498 (14 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms Monica Khuon

VISA APPLICANT:  Mr Sivly Choek

CASE NUMBER:  1706989

DIBP REFERENCE(S):  OSF2016/074898

MEMBER:Amanda Mendes Da Costa

DATE:14 May 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 14 May 2019 at 12:22pm

CATCHWORDS
MIGRATION – Prospective Marriage (Temporary) (Class TO) visa – Subclass 300 (Prospective Marriage) – failure to attend Tribunal hearing – application dismissed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), 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 24 February 2017 to refuse to grant the visa applicant a Prospective Marriage (Temporary) (Class TO) Subclass 300 visa under the Migration Act 1958 (the Act).

2. On 29 April 2019 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.

   Amanda Mendes Da Costa
   Member