Lian (Migration)

[2021] AATA 1120

Lian (Migration) [2021] AATA 1120 (25 January 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Weichen Lian

CASE NUMBER:  1900919

DIBP REFERENCE(S):  BCC2018/5679134

MEMBER:Adrienne Millbank

DATE:25 January 2021

PLACE OF DECISION:  Brisbane

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

Statement made on 25 January 2021 at 10:46am

CATCHWORDS

MIGRATION – 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 Immigration on 28 December 2018 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 8 January 2021 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. On 15 January 2021 the review applicant sent to the Tribunal a request to withdraw his application. On 18 January 2021 the Tribunal advised the review applicant that, as his case was dismissed for non-appearance, the Tribunal was unable to process his withdrawal. The review applicant was advised that if he wished to withdraw his application, he would need to first apply for reinstatement, providing reasons. He was advised that if the Tribunal considered it appropriate to reinstate his matter, he could then withdraw his application. He was advised that if he failed to apply for reinstatement within the prescribed 14-day period, the Tribunal must confirm the decision to dismiss the application.

5. The review applicant did not apply for reinstatement of the application within the 14-day period. The Tribunal therefore must confirm the decision to dismiss the application. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

6. The Tribunal confirms the decision to dismiss the application.

   Adrienne Millbank
   Member