Temple (Migration)

[2025] ARTA 1022

TEMPLE (MIGRATION) [2025] ARTA 1022 (27 JUNE 2025)

DECISION AND  

REASONS FOR DECISION

Applicants:Mr Elwood Temple
Master Elijah Bryant Temple
Master Elliot Avdel Temple
Mrs Kathrina Temple

Respondent:  Minister for Immigration and Citizenship

Tribunal Number:  2408482

Tribunal:Senior Member G Cullen

Place:Sydney

Date:  27 June 2025

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

Statement made on 27 June 2025 at 10:26am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – dismissal decision – failure to attend Tribunal hearing – dismissal confirmed – decision under review affirmed

LEGISLATION

Administrative Review Tribunal Act 2024 (Cth), s 99
Migration Act 1958 (Cth), s 368B

STATEMENT OF REASONS

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Immigration and Citizenship on 8 August 2017 to refuse to grant the visa applicants Student (Temporary) (Class TU) Subclass 500 visas under the Migration Act 1958 (Cth) (the Act).

2. On 29 May 2025 the Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 (Cth) as the review applicants did not appear before it 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, in accordance with s 368B(5). The review applicants were advised that reinstatement of the application could be sought within 28 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 28 days period would result in confirmation of the dismissal decision.

4. As the review applicants did not apply for reinstatement of the application within the 28 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.