Paudel (Migration)

[2023] AATA 702

Paudel (Migration) [2023] AATA 702 (10 March 2023)

.

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Deepak Paudel

REPRESENTATIVE:  Mr Dinesh Parajuli (MARN: 1799737)

CASE NUMBER:  2211453

HOME AFFAIRS REFERENCE(S):          BCC2021/1859630

MEMBER:David McCulloch

DATE:10 March 2023

PLACE OF DECISION:  Sydney

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

Statement made on 10 March 2023 at 9:45am

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)– application dismissed – no application for reinstatement – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 65, 362B(1A)(b), 362C(5)

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 3 August 2022 to cancel the applicant’s Subclass 500 Student (Temporary) (Class TU) visa under the Migration Act 1958 (Cth) (the Act).

2. On 23 February 2023 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.

   David McCulloch
   Member