Mohammed (Migration)

[2023] AATA 3999

Mohammed (Migration) [2023] AATA 3999 (21 November 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Noor Mohammed

VISA APPLICANT:  Ms Asiman XXX

CASE NUMBER:  2216812

HOME AFFAIRS REFERENCE(S):          BCC2022/4032491

MEMBER:Joseph Lindsay

DATE:21 November 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 21 November 2023 at 6:38pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), ss 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 Home Affairs on 1 November 2022 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under the Migration Act 1958 (Cth) (the Act).

2. On 3 November 2023 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. As the review applicant 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 decision under review is taken to be affirmed.

   DECISION

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

   Joseph Lindsay
   Member