Xue (Migration)

[2019] AATA 55

Xue (Migration) [2019] AATA 55 (3 January 2019)

Corrigendum

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Tao Xue

CASE NUMBER:  1702996

DIBP REFERENCE(S):  BCC2016/3777012

MEMBER:Meredith Jackson

DATE OF DECISION:  3 January 2019

DATE CORRIGENDUM

SIGNED:9 January 2019

PLACE OF DECISION:  Brisbane

AMENDMENT:  The following corrections are made to the decision:

1. The Date of the Decision that states “3 January 2018” should be replaced with “3 January 2019”.

   Meredith Jackson
   Member

   
   

   DECISION RECORD

   DIVISION:Migration & Refugee Division

   APPLICANT:  Mr Tao Xue

   CASE NUMBER:  1702996

   DIBP REFERENCE(S):  BCC2016/3777012

   MEMBER:Meredith Jackson

   DATE:3 January 2018

   PLACE OF DECISION:  Brisbane

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

   Statement made on 03 January 2019 at 2:27pm

   CATCHWORDS

   MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – dismissal decision – failure to attend Tribunal hearing – decision under review affirmed

   Legislation

   Migration Act 1958, ss 362B, 362C

   statement of decision and reasons

   application for review

2. This is an application for review of a decision made by a delegate of the Minister for Immigration on 3 February 2017 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

3. On 12 December 2018 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.

4. 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.

5. 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

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

   Meredith Jackson
   Member