Rohan Dilip Kumar (Migration)

[2019] AATA 5155

Rohan Dilip Kumar (Migration) [2019] AATA 5155 (20 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Rohan Dilip Kumar

CASE NUMBER:  1917774

HOME AFFAIRS  REFERENCE:               BCC2018/219090

MEMBER:Lilly Mojsin

DATE:20 November 2019

PLACE OF DECISION:  Sydney

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

Statement made on 20 November 2019 at 10:25am

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – no appearance by applicant at hearing – application dismissed – no application for reinstatement – dismissal confirmed

LEGISLATION

Migration Act 1959 (Cth), ss 362(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 Immigration on 20 June 2019 to refuse to grant the visa applicant a  Regional Employer Nomination (Permanent) Subclass 187 visa under the Migration Act 1958 (the Act).

2. On 4 November 2019 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.

   Lilly Mojsin
   Member