syed (Migration)

[2017] AATA 3167

syed (Migration) [2017] AATA 3167 (3 January 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Mustafa Syed

CASE NUMBER:  1517506

DIBP REFERENCE(S):  CLF2013/31317

MEMBER:Hugh Sanderson

DATE:3 January 2017

PLACE OF DECISION:  Sydney

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

Statement made on 03 January 2017 at 10:25am

CATCHWORDS
MIGRATION – Partner (Residence) (Class BC) – Subclass 801 (Spouse) – review applicant did not appear at hearing – reinstatement of application not sought within timeframe – 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 a decision made by a delegate of the Minister for Immigration on 2 December 2015 to refuse to grant the visa applicant a Partner (Residence) (Class BS) Subclass 801 visa under the Migration Act 1958 (the Act).

2. On 8 December 2016 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.

   Hugh Sanderson
   Member