Patel (Migration)

[2019] AATA 1026

Patel (Migration) [2019] AATA 1026 (7 February 2019)

NON-APPEARANCE DECISION

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Riddhi Mukeshbhai Patel

CASE NUMBER:  1732864

DIBP REFERENCE(S):  BCC2017/4495826

MEMBER:Moira Brophy

DATE:7 February 2019

PLACE OF DECISION:  Sydney

DECISION:Application dismissed under s.362B(1A)(b) of the Migration Act 1958.

1. The review applicant was invited under s.360 of the Migration Act 1958 to appear before the Tribunal on 7 February 2019 at 1 p.m. The invitation stated that if they did not attend the hearing, the Tribunal may dismiss the application for review without any further consideration of the application or the information before it. The Tribunal also sent SMS reminders about the hearing 5 business days and one business day before the scheduled hearing.

2. The review applicant did not appear before the Tribunal on the day and at the scheduled time and place. Having reviewed the Tribunal file, the Tribunal is satisfied the review applicant was properly invited to a hearing in accordance s.379A(5), the invitation has not been returned to sender, and that two separate SMS reminders were also sent to the review applicant about the hearing. No satisfactory reason for the non-appearance has been given.

3. In these circumstances, the Tribunal has decided to dismiss the application without further consideration of that application or the information before the Tribunal.

   Statement made on 07 February 2019 at 4:31pm

   CATCHWORDS

   MIGRATION – Medical Treatment (Visitor) (Class UB) visa – Subclass 602 (Visa) –applicant failed to attend tribunal hearing –invitation was sent in accordance s.379A(5) – Decision under review dismissed

   LEGISLATION

   Migration Act 1958, ss 360, 362, 379