SYED IZADDIN (Migration)

[2018] AATA 2084

SYED IZADDIN (Migration) [2018] AATA 2084 (7 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Sharifah Nur Haslina SYED IZADDIN
Mr MOHD NADZRI MOHD AMZAR

CASE NUMBER:  1621599

DIBP REFERENCE(S):  1520594679 BCC2016/3205331

MEMBER:Mark Bishop

DATE:7 May 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 07 May 2018 at 3:04pm

CATCHWORDS

Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Dismissal decision – Failure to attend Tribunal hearing

LEGISLATION

Migration Act 1958, 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 28 November 2016 to refuse to grant the visa applicants Student (Temporary) (Class TU) Subclass 500 visas under the Migration Act 1958 (the Act).

2. On 24 April 2018 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. The review applicants applied for reinstatement of the application within 14 days after receiving notice of the decision. For the following reasons, the Tribunal did not consider it appropriate to reinstate the application.

5. On 7 May 2018 the applicant advised the Tribunal as follows:

   ·The applicant requested the Tribunal reinstate her review application;

   ·The applicant advised she was overseas and “could not organise myself to attend the hearing on 24 April 2018”. She was sorry;

   ·She supplied a completion letter for her Certificate III in EAL and advised she had started a Certificate IV in Business.

6. The applicant did not make any further submissions. The applicant did not advise how long she had been overseas. She did not advise why she had not responded to an invitation from the Tribunal dated 26 March 2018 to attend a hearing on 24 April 2018. She did not advise of any reason as to why she did not return for the hearing on 24 April 2018. She did not advise why her Migration Agent (MA) had advised the Tribunal he had been unable to contact her prior to the hearing date. The applicant did not advise of any medical reason or compassionate or compelling circumstances that prevented her from returning overseas. She did not offer any reason as to why the secondary applicant Mr Mohd AMZAR, her husband, and a member of her family unit who was onshore at all relevant time did not contact the Tribunal in any way.

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

   DECISION

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

   Mark Bishop
   Member