Senabut (Migration)

[2022] AATA 4247

Senabut (Migration) [2022] AATA 4247 (29 November 2022)

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DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Supavinee Senabut
Master Jitpanu Senabut

REPRESENTATIVE:  Mr Surendra Man Shrestha (MARN: 9578885)

CASE NUMBER:  1830564

HOME AFFAIRS REFERENCE(S):          BCC2018/2032264

MEMBER:Stephen Conwell

DATE:29 November 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 29 November 2022 at 12:16pm

CATCHWORDS
MIGRATION – Partner (Residence) (Class BS) visa – Subclass 801 (Spouse) – 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 Home Affairs on 5 October 2018 to refuse to grant the visa applicants Partner (Residence) (Class BS) Subclass 801 visas under the Migration Act 1958 (Cth) (the Act).

2. On 8 November 2022 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.

   Stephen Conwell
   Member