Tong (Migration)

[2023] AATA 3165

Tong (Migration) [2023] AATA 3165 (30 August 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms Suzy Kiir Ding Tong

VISA APPLICANTS:  Ms Abul Thiep Adim Wol
Mr Wol Thiep Adim Wol
Mr Lino Thiep Adim Wol
Mr Garang Thiep Adim Wol
Mr Longar Thiep Adim Wol
Mr Kiir Kiir Kiir Diing
Ms Abuk Kiir Kiir Diing
Mr Diing Kiir Kiir Diing

CASE NUMBER:  1902079

HOME AFFAIRS REFERENCE(S):          

MEMBER:Stephen Conwell

DATE:30 August 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 30 August 2023 at 4:48pm

CATCHWORDS
MIGRATION – Child (Migrant) (Class AH) visa – Subclass 117 (Orphan relative) – non-appearance before the Tribunal – application dismissed – dismissal confirmed – decision under review dismissed

LEGISLATION
Migration Act 1958 (Cth), 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 Home Affairs on 21 November 2018 to refuse to grant the visa applicants Child (Migrant) (Class AH) Subclass 117 visas under the Migration Act 1958 (Cth) (the Act).

2. On 11 August 2023 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 decisions under review are taken to be affirmed.

   DECISION

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

   Stephen Conwell
   Member