Pandey (Migration)

[2022] AATA 2795

Pandey (Migration) [2022] AATA 2795 (20 July 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ishwar Pandey

CASE NUMBER:  2115486

HOME AFFAIRS REFERENCE(S):          BCC2021/107873

MEMBER:Penelope Hunter

DATE:20 July 2022

PLACE OF DECISION:  Sydney

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

Statement made on 20 July 2022 at 1:17pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) Subclass 500 visa – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)–

– no application for reinstatement – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 65, 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 Home Affairs on 13 October 2021 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (Cth) (the Act).

2. On 5 July 2022 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.

   Penelope Hunter
   Member