Singh (Migration)

[2018] AATA 2082

Singh (Migration) [2018] AATA 2082 (4 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ramneetinder Singh

CASE NUMBER:  1619795

DIBP REFERENCE(S):  BCC2016/2304277

MEMBER:M. Edgoose

DATE:4 May 2018

PLACE OF DECISION:  Melbourne, Victoria

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

Statement made on 04 May 2018 at 9:52am

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Dismissal decision – Failure to attend Tribunal hearing – Hearing postponement request received after dismissal of application

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 8 November 2016 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

2. A hearing was scheduled for 1:30pm on 9 April 2018.

3. On the morning of 9 April 2018 the review applicant did not make contact with the Tribunal to seek a postponement nor did he make himself available to participate in a telephone hearing if he was unable to attend the Tribunal in person at the scheduled time on the scheduled date.

4. At 1:45pm on 9 April 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.

5. 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.

6. At 2:27pm on 9 April 2018 the review applicant’s agent emailed the Tribunal requesting a postponement of the hearing that was scheduled for 1:30pm of the same day. The applicant’s agent attached a medical certificate dated 8 April 2018 from a general practitioner which stated that the review applicant ‘will be unfit to continue his usual occupation’ from 9 to 10 April 2018.

7. The applicant notified the Tribunal after the matter had been dismissed.

8. The review applicant applied for reinstatement of the application on 2 May 2018 and attached a further copy of the medical certificate dated 8 April 2018.The application for reinstatement was made within 14 days after receiving the notice of the decision. 

9. Even if the applicant may have been unable to continue his usual occupation on 9 April 2018, as mentioned in the medical certificate dated 8 April 2018, the Tribunal does not accept that the applicant was unable to participate in a Tribunal hearing of limited duration at the scheduled time on the scheduled date, either in person or by telephone.

10. The decision to dismiss the application is confirmed. In these circumstances, the decision under review is taken to be affirmed.

    DECISION

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

    M. Edgoose
    Member