Xia (Migration)

[2025] ARTA 423

XIA (MIGRATION) [2025] ARTA 423 (27 FEBRUARY 2025)

DISMISSAL DECISION

Applicant:Mr Jin Xia

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2445679

Tribunal:General Member P Maishman

Place:Perth

Date:  27 February 2025

Decision:Application dismissed under s 84 of the Administrative Review Tribunal Act 2024 (Cth).

Statement made on 27 February 2025 at 4:51pm

CATCHWORDS

MIGRATION – Skilled Nominated (Permanent) visa – applicant was deceased – there is no person who can continue with the substantive application – decision under review dismissed

LEGISLATION

Administrative Review Tribunal Act 2024 (Cth), s 84

DISMISSAL DECISION

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 25 November 2024 to cancel the applicant’s Subclass 190 Skilled Nominated (Permanent) visa under s 109 of the Migration Act 1958 (the Act).

2. On 26 November 2024 the applicant applied to the Tribunal for review of the delegate’s decision.

3. The Tribunal invited the applicant to attend a hearing of his application on 21 February 2025. On 19 February 2025 the Tribunal received unverified information the applicant was deceased.

4. The applicant did not attend the hearing on 21 February 2025 and the Tribunal dismissed the application for non-attendance.

5. On 27 February 2025 the Tribunal received written verification dated 20 February 2025 confirming the applicant’s death on 19 February 2025 by letter from the Coroner’s Court.

6. The Tribunal reinstated the application on the basis that it should not be dismissed because of the applicant’s non-attendance at hearing.           

7. Pursuant to s 84(4)(a) of the Act, the Tribunal may dismiss an application if an applicant dies and there is no person, as defined in s 84(2) of the Act, who can continue with the substantive application.

8. On the information before me I am satisfied the applicant has died and there is no person who can continue with the substantive application.

9. The application is therefore dismissed under s 84(4)(a) of the Act.

   Representative for the Applicant:           Mr Yew Han Hee