Salamanque (Migration)

[2022] AATA 3552

Salamanque (Migration) [2022] AATA 3552 (9 October 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Czarene Mae Fernandez Salamanque

CASE NUMBER:  2202889

HOME AFFAIRS REFERENCE(S):          BCC2020/2720997

MEMBER:Vanessa Plain

DATE:9 October 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 09 October 2022 at 5:06pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – no appearance at hearing – application for review dismissed – application for reinstatement claiming medical condition prevented attendance – medical documents provided do not support claim – dismissal confirmed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 362B(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 Home Affairs on 10 February 2022 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (Cth) (the Act).

2. On 25 July 2022 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. The review applicant applied for reinstatement of the application within 14 days after receiving notice of the decision. For the following reasons, the Tribunal did not consider it appropriate to reinstate the application.

5. The request for reinstatement is refused.  The applicant provided the Tribunal with a suite of medical documents to support her application for reinstatement.  However, the medical documents provided do not provide that the applicant is afflicted with a medical condition that prevented her from attending a telephone hearing at the Tribunal.  The Tribunal is therefore not satisfied that the applicant did not attend the Tribunal hearing due to matters or a matter not reasonably within their control and for this reason, the Tribunal declines to reinstate the proceeding.

6. The decision to dismiss the application is confirmed. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

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

   Vanessa Plain
   Member