Willde (Migration)

[2023] AATA 1965

Willde (Migration) [2023] AATA 1965 (25 June 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sonny Willde

REPRESENTATIVE:  Mr Ajay Bansal (MARN: 1569359)

CASE NUMBER:  2210210

HOME AFFAIRS REFERENCE(S):          BCC2022/1287346

MEMBER:Andrew McLean Williams

DATE:25 June 2023

PLACE OF DECISION:  Brisbane

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

Statement made on 25 June 2023 at 12:39pm

CATCHWORDS

MIGRATION – Medical Treatment (Visitor) (Class UB) visa – Subclass 602 (Medical Treatment) – dismissal decision – failure to attend Tribunal hearing – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 362B, 362C
Migration Regulations 1994

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 23 June 2022 to refuse to grant the visa applicant a Medical Treatment (Visitor) (Class UB) Subclass 602 visa under the Migration Act 1958 (Cth) (‘the Act’).

2. On 7 June 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 re-instatement of the application could be sought within 14 days of receiving the dismissal statement and that a failure to apply for re-instatement within the 14 day period would result in confirmation of the dismissal decision.

4. As the review applicant did not apply for re-instatement 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.

   Andrew McLean Williams
   Member