Terranova (Migration)

[2018] AATA 1667

Terranova (Migration) [2018] AATA 1667 (9 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Valerie Sabrina Terranova
Ms Elina Andrea Harripersad
Mr Kelyan Roman Leandre Blache Terranova

CASE NUMBER:  1613793

DIBP REFERENCE(S):  BCC2016/2330150

MEMBER:Fiona Meagher

DATE:9 April 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 09 April 2018 at 5:21pm

CATCHWORDS

Migration – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – 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 22 August 2016 to refuse to grant the visa applicants Partner (Temporary) (Class UK) Subclass 820 visas under the Migration Act 1958 (the Act).

2. On 13 March 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. On 4 April 2018 the review applicants wrote to the Tribunal reiterating that she had been in a genuine relationship and stating that they had hoped to apply for a protection visa. However no application for reinstatement was made.

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

   DECISION

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

   Fiona Meagher
   Member