Sharma (Migration)

[2018] AATA 805

Sharma (Migration) [2018] AATA 805 (21 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Amit Sharma

CASE NUMBER:  1700504

DIBP REFERENCE(S):  BCC2016/3104237

MEMBER:David Barker

DATE:21 March 2018

PLACE OF DECISION:  Sydney

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

Statement made on 21 March 2018 at 12:55pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Applicant did not attend hearing – Applicant did not seek reinstatement

LEGISLATION

Migration Act 1958, s 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 Immigration on 21 December 2016 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

2. On 6 March 2018, 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. On 19 March 2018 the tribunal received an email from the review applicant,  which stated:

   I am writing this in regards of my not attending my hearing at 6/03/2018. My reason of not attending was that I didn’t had any further submissions in my case and when I spoke to my lawyers prior to 6/03/2018 he advice me to send him a email saying I can’t attend my hearing because I don’t have any further submissions for my case and I did send him a email and I think he didn’t forward that to department. So I am looking forward to hear from you regarding decision on my case and outcome of it.

5. The tribunal has considered the email from the review applicant but has determined it does not include a request the application be reinstated. 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

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

   David Barker
   Member