Nguyen (Migration)

[2019] AATA 6188

Nguyen (Migration) [2019] AATA 6188 (5 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Thi Thuy Linh Nguyen

CASE NUMBER:  1729809

DIBP REFERENCE(S):  BCC2017/2997051

MEMBER:Noelle Hossen

DATE:5 November 2019

PLACE OF DECISION:  Perth

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

Statement made on 05 November 2019 at 11:34am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 573 Higher Education – did not appear at scheduled hearing – application dismissed – did not apply for reinstatement within 14 days – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 362

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 17 November 2017 to cancel the applicant’s Subclass 573 Student (Temporary) (Class TU) visa under the Migration Act 1958 (the Act).

2. On 17 October 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.

   Noelle Hossen
   Member