Lei (Migration)

[2021] AATA 4059

Lei (Migration) [2021] AATA 4059 (13 October 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Diwan Lei

CASE NUMBER:  1912272

HOME AFFAIRS REFERENCE(S):          BCC2019/1170801

MEMBER:Wan Shum

DATE:13 October 2021

PLACE OF DECISION:  Sydney

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

Statement made on 13 October 2021 at 9:34am

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) Subclass 485 visa – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)– decision under review dismissed

LEGISLATION

Migration Act 1958, ss 65, 362B(1A)(b), 362C(5)

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 Home Affairs on 10 May 2019 to refuse to grant the applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (Cth) (the Act).

2. On 27 September 2021, the Tribunal dismissed the application under s 362B(1A)(b) of the Act as the applicant did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

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