Seliya (Migration)

[2020] AATA 5385

Seliya (Migration) [2020] AATA 5385 (21 December 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ashfaque Abdul Razzak Seliya

CASE NUMBER:  1804948

DIBP REFERENCE(S):  BCC2016/4221636

MEMBER:Mary Sheargold

DATE:21 December 2020

PLACE OF DECISION:  Melbourne

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

Statement made on 21 December 2020 at 2:09pm

CATCHWORDS

MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – no appearance at hearing – application dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), s 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 21 February 2018 to refuse to grant the visa applicant a  Regional Employer Nomination (Permanent) Subclass 187 visa under the Migration Act 1958 (the Act).

2. On 2 December 2020, 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 on 4 December 2020, 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.

   Mary Sheargold
   Member