Mckertish (Migration)
[2025] ARTA 1699
•28 July 2025
MCKERTISH (MIGRATION) [2025] ARTA 1699 (28 JULY 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Mr Alwyn Vincent Mckertish
Respondent: Minister for Immigration and Citizenship
Tribunal Number: 2202782
Tribunal:Senior Member M Bourke
Place:Melbourne
Date: 28 July 2025
Decision:The Tribunal confirms the decision to dismiss the application.
Statement made on 28 July 2025 at 11:54am
CATCHWORDS
MIGRATION – Other Family (Residence) (Class BU) visa – Subclass 836 (Carer) – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmedLEGISLATION
Migration Act 1958 (Cth), s 368B(5)
Administrative Review Tribunal Act 2024 (Cth), s 99STATEMENT OF REASONS
APPLICATION FOR REVIEW
This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 11 February 2022 to refuse to grant the visa applicant an Other Family (Residence) (Class BU) Subclass 836 visa under the Migration Act 1958 (Cth) (the Act).
On 19 June 2025 the Tribunal dismissed the application under s.99 of the Administrative Review Tribunal Act 2024 (Cth) as the review applicant did not appear before it at the time and date of the scheduled hearing.
The review applicant was notified of the dismissal decision and given a copy of a written statement setting out the decision, in accordance with s.368B(5). The review applicant was advised that reinstatement of the application could be sought within 28 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 28 days period would result in confirmation of the dismissal decision.
As the review applicant did not apply for reinstatement of the application within the 28 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
The Tribunal confirms the decision to dismiss the application.
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