Tan (Migration)

[2021] AATA 3786

Tan (Migration) [2021] AATA 3786 (23 August 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Siaw Ling Tan

CASE NUMBER:  1936242

HOME AFFAIRS REFERENCE(S):          BCC2019/6208430

MEMBER:Amanda Pearson

DATE:23 August 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 23 August 2021 at 6:59pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – no appearance at hearing – application for review dismissed – application for reinstatement – applicant obtained new mobile phone and number the day before the scheduled hearing but did not notify tribunal until immediately before the hearing – insufficient reason for not being available – dismissal confirmed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 362B(1A)(b), 362C(5)

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 Home Affairs on 16 December 2019 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (Cth) (the Act).

2. On 1 August 2021 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. The review applicant 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. The Applicant was aware of the hearing scheduled on 27 July 2021.  She told the Tribunal that she dropped her phone on the 26 July 2021 and organised a new telephone and mobile on that day.  Whilst the Applicant notified the Tribunal at 11.30am on 27 July 2021, the Tribunal is of the view that she could have notified the Tribunal as soon as she had organised a new phone number on 26 July 2021 and or even later that day as she was aware her hearing was the next day at 1.30pm on 27 July 2021.  It appears the Applicant was not organised enough to notify the Tribunal and left her notification to the latest possible time on 27^th July 2021. On this basis, the Tribunal believes there is an insufficient reason for the Applicant not being available for the hearing at 1.30pm on 27 July 2021 and therefore reinstatement of the Applicant’s application is not considered appropriate.

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

   DECISION

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

   Amanda Pearson
   Member