Wilmott-Stanton (Migration)

[2024] AATA 2333

Wilmott-Stanton (Migration) [2024] AATA 2333 (19 June 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Harry Wilmott-Stanton

REPRESENTATIVE:  Mr John Preston Young (MARN: 9251554)

CASE NUMBER:  2103800

HOME AFFAIRS REFERENCE(S):          BCC2020/2435641

MEMBER:Angela Julian-Armitage

DATE:19 June 2024

PLACE OF DECISION:  Brisbane

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

Statement made on 19 June 2024 at 3:49pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 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 3 March 2021 to refuse to grant the visa applicant a GK – Temporary Skill Shortage (Class GK) Subclass 482 visa pursuant to  the Migration Act 1958 (Cth) (the Act).

2. As the review applicant failed to appear before this Tribunal on the date and time scheduled for the hearing of the matter, on 25 March 2024, the Tribunal dismissed the application pursuant to  s 362B(1A)(b) of the Act.

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 decision under review is taken to be affirmed.

   DECISION

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

   Angela Julian-Armitage
   Member