Saleem (Migration)

[2019] AATA 3935

Saleem (Migration) [2019] AATA 3935 (18 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Shairyar Saleem
Mrs Adila Naz
Ms Aaiza Shairyar
Mr Sahir Shairyar

CASE NUMBER:  1905869

DIBP REFERENCE(S):  BCC2018/5012636

MEMBER:Stephen Conwell

DATE:18 June 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 18 June 2019 at 5:36pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 – applicant did not appear to give evidence – applicant notified of dismissal decision – did not apply for reinstatement within 14 days – decision under review dismissed

LEGISLATION

Migration Act 1958 (Cth), s 362

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 22 February 2019 to refuse to grant the visa applicants Student (Temporary) (Class TU) Subclass 500 visas under the Migration Act 1958 (the Act).

2. On  30 May 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.

   Stephen Conwell
   Member