SY Corp. Pty Ltd (Migration)

[2019] AATA 2557

SY Corp. Pty Ltd (Migration) [2019] AATA 2557 (10 July 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  SY Corp. Pty Ltd

VISA APPLICANTS:  Ms Jiehua Huang
Mr Yin Xiong
Miss Shengwen Xiong

CASE NUMBER:  1708065

DIBP REFERENCE(S):  BCC2016/3099067

MEMBER:Jennifer Cripps Watts

DATE:10 July 2019

PLACE OF DECISION:  Sydney

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

Statement made on 10 July 2019 at 10:17am

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – non-appearance before the Tribunal – application dismissed – 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 decisions made by a delegate of the Minister for Immigration on 23 March 2017 to refuse to grant the visa applicants Temporary Business Entry (Class UC) Subclass 457 visas under the Migration Act 1958 (the Act).

2. On 24 June 2019 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 on 25 June 2019 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 decisions under review are taken to be affirmed.

   DECISION

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

   Jennifer Cripps Watts
   Member