So (Migration)

[2022] AATA 4505

So (Migration) [2022] AATA 4505 (2 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Byunghwa So
Mrs Seyeon Jeong

CASE NUMBER:  1916784

HOME AFFAIRS REFERENCE(S):          BCC2019/1070869

MEMBER:Karen McNamara

DATE:2 December 2022

PLACE OF DECISION:  Sydney

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

Statement made on 02 December 2022 at 2:17pm

CATCHWORDS

MIGRATION – Training (Class GF) Subclass 407 visa – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)– no application for reinstatement – dismissal confirmed

LEGISLATION

Migration Act 1958, ss 65, 362B(1A)(b), 362C(5)

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 Home Affairs on 12 June 2019 to refuse to grant the visa applicants Training (Class GF) Subclass 407 visas under the Migration Act 1958 (Cth) (the Act).

2. On 17 November 2022, 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. 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

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

   Karen McNamara
   Member