Singh (Migration)

[2018] AATA 5886

Singh (Migration) [2018] AATA 5886 (12 September 2018)

CORRIGENDUM

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Binod Singh

CASE NUMBER:  1710634

DIBP REFERENCE(S):  BCC2017/306005

MEMBER:Penelope Hunter

DATE OF DECISION:  12 September 2018

DATE CORRIGENDUM

SIGNED:21 June 2019

PLACE OF DECISION:  Sydney

AMENDMENT:  The following corrections are made to the decision:

On the front page of the decision record where it states the date as 12 September 2918 it should be replaced with 12 September 2018.

Penelope Hunter
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Binod Singh

CASE NUMBER:  1710634

DIBP REFERENCE(S):  BCC2017/306005

MEMBER:Penelope Hunter

DATE:12 September 2918

PLACE OF DECISION:  Sydney

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

Statement made on 12 September 2018 at 8:52am

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance s.362C(5) – applicant did not apply for reinstatement of the application within the 14 days period – decision under review dismissed

LEGISLATION

Migration Act 1958, 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 Immigration on 1 May 2017 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

2. On 23 August 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. 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.

   Penelope Hunter
   Member