Palmer (Migration)

[2024] AATA 1441

Palmer (Migration) [2024] AATA 1441 (16 May 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr John Paul Palmer

REPRESENTATIVE:  Mr Lochlan Reef MacNicol (MARN: 2117075)

CASE NUMBER:  2115828

HOME AFFAIRS REFERENCE(S):          BCC2019/6823669

MEMBER:George Hallwood

DATE:16 May 2024

PLACE OF DECISION:  Adelaide

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

Statement made on 16 May 2024 at 12:42pm

CATCHWORDS
MIGRATION – Skilled (Residence) (Class VB) visa – Subclass 887 (Skilled - Regional) – non-appearance before the Tribunal – application dismissed – failure to apply for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), 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 20 October 2021 to refuse to grant the visa applicant a Skilled (Residence) (Class VB) Subclass 887 visa under the Migration Act 1958 (Cth) (the Act).

2. On 16 February 2024 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 Tribunal notified the review applicant of the dismissal decision, via the last recorded contact details of their authorised recipient, 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. Section 362B(1E) of the Act states: ‘If the applicant fails to apply for reinstatement within the 14 - day period mentioned in subsection (1B), the Tribunal must confirm the decision to dismiss the application, by written statement under section 368.’

5. The Tribunal notes that on 7 May 2024 the review applicant wrote to the Tribunal requesting reinstatement and setting out reasons for failing to apply for failure to apply for reinstatement within the 14 day period.

6. 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

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

   George Hallwood
   Member