SINGH (Migration)

[2019] AATA 4495

SINGH (Migration) [2019] AATA 4495 (21 August 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Sukhmanjit SINGH
Mrs Isha Bansal

CASE NUMBER:  1712958

DIBP REFERENCE(S):  BCC2016/2398629

MEMBER:Terrence Baxter

DATE:21 August 2019

PLACE OF DECISION:  Brisbane

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

Statement made on 21 August 2019 at 12:37pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – applicant did not appear before Tribunal – applicant notified of dismissal decision – did not apply for reinstatement within 14 days – 14 day period cannot be extended by Tribunal – decision under review dismissed

LEGISLATION

Migration Act 1958 (Cth), s 362

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 31 May 2017 to refuse to grant the visa applicants  Regional Employer Nomination (Permanent) Subclass 187 visas under the Migration Act 1958 (the Act).

2. On 6 August 2019 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. At 9:47 am on 19 August 2019, the review applicants’ representative contacted the Tribunal by email advising as follows :

   We are instructed that the applicant requires extension of time-frame of response until Monday 2 September 2019 due to some unforeseen circumstances.

5. At 2:12 pm on the same day, the Tribunal advised the review applicants by email to their email address as follows :

   I am writing in response to your extension of time request received by the Tribunal this morning.
   The 14 day period to apply for re-instatement is statutory and cannot be extended by the Tribunal. The due date to apply for re-instatement of the application therefore remains 20 August 2019.

6. No further communication was received by the Tribunal from the review applicants.

7. 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

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

   Terrence Baxter
   Member