Ng (Migration)

[2019] AATA 2018

Ng (Migration) [2019] AATA 2018 (30 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Wai Kin Ng

CASE NUMBER:  1817023

DIBP REFERENCE(S):  BCC2017/4773993

MEMBER:Adrienne Millbank

DATE:30 April 2019

PLACE OF DECISION:  Brisbane

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

Statement made on 30 April 2019 at 11:19am

CATCHWORDS

MIGRATION – Working Holiday (Temporary) (Class TZ) – Subclass 417 visa – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)– decision under review dismissed

LEGISLATION

Migration Act 1958, ss 362B, 362C

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 22 May 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 11 April 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.

   Adrienne Millbank
   Member