KIM (Migration)

[2018] AATA 617

KIM (Migration) [2018] AATA 617 (13 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Suyun KIM

CASE NUMBER:  1714512

DIBP REFERENCE(S):  BCC2017/2118507

MEMBER:Linda Symons

DATE:13 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 13 March 2018 at 12:20pm

CATCHWORDS

Migration – Medical Treatment (Visitor) (Class UB) – Subclass 602 (Medical Treatment) – Applicant did not appear before the Tribunal – Did not apply for a reinstatement of the application

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 16 June 2017 to refuse to grant the visa applicant a Medical Treatment (Visitor) (Class UB) Subclass 602 visa under the Migration Act 1958 (the Act).

2. On 23 February 2018, 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) of the Act. 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.

   Linda Symons
   Member