Nguyen (Migration)

[2021] AATA 2131

Nguyen (Migration) [2021] AATA 2131 (27 May 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Minh Chi Nguyen

CASE NUMBER:  1804966

HOME AFFAIRS REFERENCE(S):          CLF2012/239177 CLF2016/48053

MEMBER:T. Quinn

DATE:27 May 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 27 May 2021 at 10:19am

CATCHWORDS

MIGRATION – Partner (Residence) (Class BS) visa – Subclass 801 (Spouse) – dismissal decision – failure to attend Tribunal hearing – decision under review affirmed

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 Home Affairs on 2 February 2018 to refuse to grant the visa applicant a Partner (Residence) (Class BS) Subclass 801 visa under the Migration Act 1958 (Cth) (the Act).

2. On 12 May 2021 the Tribunal dismissed the application under section 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 section 362C(5) of the Act.  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.

   T. Quinn
   Member