Ryder and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration)

[2022] AATA 4179

Ryder and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration) [2022] AATA 4179 (6 December 2022)

Division:GENERAL DIVISION

File Number           2022/8030

Re:Levi Ryder

APPLICANT

AndMinister for Immigration, Citizenship, and Multicultural Affairs

RESPONDENT

Decision

Tribunal:Senior Member George

Date of Decision:               6 December 2022

Place:Adelaide

Pursuant to section 42A(2)(a) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal dismisses the Application.

………[Sgnd]……….

Senior Member George

Catchwords

MIGRATION – Class TY Subclass 444 Special Category (Temporary) visa – matter dismissed for non-appearance

Legislation

Administrative Appeals Tribunal Act 1975 (Cth)

REASONS FOR DECISION

Senior Member George

6 December 2022

1. Mr Ryder (“the Applicant”) failed to appear at his hearing listed for 6 and 7 December 2022.

2. On 24 October 2022, the Tribunal emailed Mr Ryder (“the Applicant”) with the listing notice for the hearing on 6 and 7 December 2022. On 15 November 2022, the Applicant was reminded of the hearing on 6 and 7 December during a Telephone Directions Hearing. On 28 November 2022, the Tribunal emailed the Applicant reminding him of the hearing on 6 and 7 December and to advise if any witnesses will be called. On 1 December 2022, the Tribunal emailed the Applicant reminding him of the hearing on 6 and 7 December and the two-day rule.

3. Accordingly, the Tribunal is satisfied that the Applicant was properly notified of the hearing. No satisfactory reason for the non-appearance has been given.

4. Furthermore, on 9 November 2022, 11 November 2022, 15 November 2022, 18 November 2022, 22 November 2022, and 24 November 2022 the Applicant was notified that he had not paid his Application fee in accordance with the Direction 5 of 18 October 2022 as amended by the Direction of 15 November 2022. This Application fee remains unpaid.

5. In these circumstances, the Tribunal has decided to dismiss the application for non-appearance pursuant to s.42A(2)(a) of the Administrative Appeals Tribunal Act 1975 (Cth). Should the Applicant apply for reinstatement of the application, it would seem appropriate for him also to pay his Application fee.

   Decision

6. Pursuant to section 42A(2)(a) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal dismisses the Application.

I certify that the preceding 6 (six) paragraphs are a true copy of the reasons for the decision herein of Senior Member George

.............................[sgnd]..................................

Associate

Date of Decision:

6 December 2022

Date of Hearing:

6 December 2022

Representative for the Applicant:

No appearance

Solicitor for the Respondent:

Mr Jon Papalia

Australian Government Solicitor