Mcerlean (Migration)

[2023] AATA 796

Mcerlean (Migration) [2023] AATA 796 (5 January 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Euan Mcerlean
Miss Gwendoline Pritchard

REPRESENTATIVE:  Ms Simone Kearney (MARN: 1173899)

CASE NUMBER:  1901116

HOME AFFAIRS REFERENCE(S):          BCC2018/4824243

MEMBER:Alan McMurran

DATE:5 January 2023

PLACE OF DECISION:  Sydney

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

Statement made on 05 January 2023 at 9:26am

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – non-appearance before the Tribunal – application dismissed – dismissal confirmed – 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 decisions made by a delegate of the Minister for Home Affairs on 2 January 2019 to refuse to grant the visa applicants GK – Temporary Skill Shortage (Class GK) Subclass 482 visas under the Migration Act 1958 (Cth) (the Act).

2. On 19 December 2022 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.

   Alan McMurran
   Member