Li (Migration)

[2021] AATA 2079

Li (Migration) [2021] AATA 2079 (15 January 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Xiang Li
Miss Yishan Li

CASE NUMBER:  1900793

DIBP REFERENCE(S):  BCC2018/4550487

MEMBER:Bridget Cullen

DATE:15 January 2021

PLACE OF DECISION:  Brisbane

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

Statement made on 15 January 2021 at 2.49pm

CATCHWORDS

MIGRATION – GK – Temporary Skill Shortage (Class GK) Subclass 482 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 decisions made by a delegate of the Minister for Immigration on 21 December 2018 to refuse to grant the visa applicants GK – Temporary Skill Shortage (Class GK) Subclass 482 visas under the Migration Act 1958 (the Act).

2. On 16 December 2020 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the review applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review 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 review 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 review 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.

   Bridget Cullen
   Member