Quraishi (Migration)

Case

[2017] AATA 2729

28 November 2017


Quraishi (Migration) [2017] AATA 2729 (28 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Haroon Quraishi

VISA APPLICANTS:  Mrs Nabila Ibrahimi
Mr Mohammad Hatim IBRAHIMI
Mr Mohammad Tasnim IBRAHIMI

CASE NUMBER:  1705018

DIBP REFERENCE(S):  BCC2016/4297938

MEMBER:Linda Symons

DATE:28 November 2017

PLACE OF DECISION:  Sydney

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

Statement made on 28 November 2017 at 2:46pm

CATCHWORDS
Migration – Visitor (Class FA) – Subclass 600 – Did not apply for reinstatement

LEGISLATION
Migration Act 1958 ss 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 Immigration on 21 January 2017 to refuse to grant the visa applicants Visitor (Class FA) Subclass 600 visas under the Migration Act 1958 (the Act).

  2. On 13 November 2017, 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 decisions under review are taken to be affirmed.

    DECISION

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

    Linda Symons
    Member


Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Statutory Construction

  • Remedies

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