Nash (Migration)

[2019] AATA 6090

Nash (Migration) [2019] AATA 6090 (9 October 2019)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Miss Adelle Clare Nash

CASE NUMBER:  1830276

DIBP REFERENCE(S):  BCC2018/2470725

MEMBER:  Stavros Georgiadis

DATE:  9 October 2019

PLACE OF DECISION:  Adelaide

DECISION:  The Tribunal confirms the decision to dismiss the

application.

Statement made on 9 October 2019 at 5:21pm

CATCHWORDS
MIGRATION – Working Holiday (Temporary) (Class TZ) visa – Subclass 417 (Working Holiday) –no appearance by applicant at hearing – application 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 Immigration on 8 October 2018 to refuse to grant the visa applicant a Working Holiday (Temporary) (Class TZ) Subclass 417 visa under the Migration Act 1958 (the Act).

2. On 23 September 2019 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.

   Stavros Georgiadis
   Member

Statement made on 9 October 2019 at 5:23pm

Case Number 1830276  Page 2 of 2