Pan (Migration)

[2022] AATA 2076

Pan (Migration) [2022] AATA 2076 (10 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Diyuan Pan
Mr Jun Tan

CASE NUMBER:  1932354

HOME AFFAIRS REFERENCE(S):          BCC2019/1973937

MEMBER:Gabrielle Cullen

DATE:10 June 2022

PLACE OF DECISION:  Sydney

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

Statement made on 10 June 2022 at 9:32am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – non-appearance before the Tribunal – application dismissed – 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 decisions made by a delegate of the Minister for Home Affairs on 29 October 2019 to refuse to grant the visa applicants Student (Temporary) (Class TU) Subclass 500 visas under the Migration Act 1958 (Cth) (the Act).

2. On 26 May 2022 the Tribunal dismissed the application under s 362B(1A)(b) of the Act as the review applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review applicants were 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 applicants were 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. The Tribunal sent the initial dismissal decision to both applicants via the nominated address and in addition to the second named applicant as the previous evidence from the second named applicant was that the relationship with the first named applicant had ceased. The Tribunal did not receive a response from the first named applicant and the second named applicant on 27 May 2022 requested to withdraw. An applicant is however unable to withdraw after the Tribunal has dismissed the application under s 362B(1A)(b).

5. As the review applicants 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 decisions under review are taken to be affirmed.

   DECISION

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

   Gabrielle Cullen
   Member