Purja (Migration)

[2022] AATA 5265

Purja (Migration) [2022] AATA 5265 (2 September 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Chan Bahadur Purja

CASE NUMBER:  2101470

HOME AFFAIRS REFERENCE(S):          BCC2021/101611

MEMBER:Joseph Lindsay

DATE:2 September 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 2 September 2022 at 9:35am

CATCHWORDS
MIGRATION – Medical Treatment (Visitor) (Class UB) – Subclass 602 (Medical Treatment) – 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 a decision made by a delegate of the Minister for Home Affairs on 19 January 2021 to refuse to grant the visa applicant a Medical Treatment (Visitor) (Class UB) Subclass 602 visa under the Migration Act 1958 (Cth) (the Act).

2. On 18 August 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. 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 decision under review is taken to be affirmed.

   DECISION

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

   Joseph Lindsay
   Member