Meng (Migration)

[2019] AATA 3376

Meng (Migration) [2019] AATA 3376 (19 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Yi Meng
Ms Jiaxin Wu

CASE NUMBER:  1711068

DIBP REFERENCE(S):  BCC2016/1456924

MEMBER:Warren Stooke AM

DATE:19 June 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 19 June 2019 at 3:28pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – application dismissed – review applicants did not appear at hearing – review applicants did not apply for reinstatement – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 65, 362, 379A(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 24 May 2017 to refuse to grant the visa applicants  Regional Employer Nomination (Permanent) Subclass 187 visas under the Migration Act 1958 (the Act).

2. On 10 May 2019 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 applicant did not appear before the Tribunal on the day and at the scheduled time and place. Having reviewed the Tribunal file, the Tribunal was satisfied that the review applicant was properly invited to a hearing in accordance with s.379A(5), the invitation was not returned to sender, and that two separate SMS reminders were also sent to the review applicant about the hearing on 1 May 2019 and 2 May 2019, respectively.

4. The applicant’s representative advised the Tribunal on 7 May 2019, the following:

   “The review applicants have no choice but not attend tomorrow’s hearing due to the withdrawal of the employer/sponsor’s review application. As they have not had any other bridging visa in place, so they cannot withdraw for the time being.”

5. The Tribunal advised the applicant on 8 May 2019, prior to the hearing, that the Tribunal expected the applicant to attend the hearing, as the Tribunal has not received a request to withdraw from the hearing. The Tribunal also noted, that contrary to the advice of the applicant’s representative that the applicants were subject to a Bridging Visa B, issued on 14 April 2016, at the time of the scheduled hearing.

6. 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. In this regard, the 14 day period lapsed on 24 May 2019.

7. 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

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

   Warren Stooke AM
   Member