Quraishi (Migration)
[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 IBRAHIMICASE 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 reinstatementLEGISLATION
Migration Act 1958 ss 362B(1A)(b), 362C(5)STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW
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).
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.
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.
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
The Tribunal confirms the decision to dismiss the application.
Linda Symons
Member
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Procedural Fairness
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Jurisdiction
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Statutory Construction
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Remedies
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