Singh (Migration)

[2024] AATA 657

Singh (Migration) [2024] AATA 657 (1 March 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Princepal Singh

CASE NUMBER:  2302761

HOME AFFAIRS REFERENCE(S):          BCC2022/2335389

MEMBER:Anne Grant

DATE:1 March 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 01 March 2024 at 8:40am

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – non-appearance before the Tribunal – application dismissed – failure to apply for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 362B, 362C

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 Home Affairs on 9 February 2023 to refuse to grant the visa applicant a Visitor (Class FA) Subclass 600 visa under the Migration Act 1958 (Cth) (the Act).

2. On 14 February 2024 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 (28 February 2024) and that a failure to apply for reinstatement within the 14 day period would result in confirmation of the dismissal decision.  A courtesy copy of the decision and notification letter was also sent to the applicant’s residential address.

4. The applicant did not contact the Tribunal at all in response to the dismissal decision or about reinstatement. 

5. 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.

   Anne Grant
   Member