SALVADO KOWALCZUK (Migration)

[2020] AATA 3164

SALVADO KOWALCZUK (Migration) [2020] AATA 3164 (5 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Marcelo SALVADO KOWALCZUK
Mrs Carla Leonor do Nascimento Riffel
Miss Violeta Sophia Riffel Kowalczuk

CASE NUMBER:  1827179

DIBP REFERENCE(S):  BCC2018/914218

MEMBER:Mr S Norman

DATE:5 August 2020

PLACE OF DECISION:  Sydney

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

Statement made on 05 August 2020 at 9:50am

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – no appearance at hearing – application for review dismissed – no application for reinstatement – 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 decisions made by a delegate of the Minister for Immigration on 7 September 2018 to refuse to grant the visa applicants Temporary Business Entry (Class UC) Subclass 457 visas under the Migration Act 1958 (the Act).

2. On 17 July 2020, the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the review applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review applicants were 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 applicants were 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 applicants 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

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

   Mr S Norman
   Member