PHAM (Migration)

[2021] AATA 3740

PHAM (Migration) [2021] AATA 3740 (21 September 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr VAN DUNG PHAM

VISA APPLICANTS:  Mrs THI KIM PHUONG BUI
Mr DUONG ANH DAO

CASE NUMBER:  1811269

HOME AFFAIRS REFERENCE(S):          BCC2017/2090251

MEMBER:Jennifer Cripps Watts

DATE:21 September 2021

PLACE OF DECISION:  Sydney

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

Statement made on 21 September 2021 at 9:03am

CATCHWORDS

MIGRATION – Partner (Provisional) (Class UF) visa – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)– decision under review dismissed

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 decisions made by a delegate of the Minister for Home Affairs on 14 March 2018 to refuse to grant the visa applicants Partner (Provisional) (Class UF) Subclass 309 visas under the Migration Act 1958 (Cth) (the Act).

2. On 6 September 2021 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 they could seek reinstatement of the application, in writing, within 14 days, specified as ‘by 20 September 2021’ and that if they did not apply for reinstatement within the 14 day period, the Tribunal would confirm the dismissal decision. 

4. The Tribunal did not receive a request for reinstatement within the specified time period.  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 decisions under review are taken to be affirmed.

   DECISION

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

   Jennifer Cripps Watts
   Member