Zhang (Migration)

[2022] AATA 4695

Zhang (Migration) [2022] AATA 4695 (13 December 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Zhenlin Zhang

REPRESENTATIVE:  Mr Ton Chau (MARN: 1678344)

CASE NUMBER:  1926272

HOME AFFAIRS REFERENCE(S):          BCC2018/964425

MEMBER:Penelope Hunter

DATE:13 December 2022

PLACE OF DECISION:  Sydney

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

Statement made on 13 December 2022 at 12:03pm

CATCHWORDS  
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – non-appearance before the Tribunal – application dismissed – dismissal confirmed – decision under review affirmed 

LEGISLATION 
Migration Act 1958 (Cth), ss 362A, 362B

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 29 August 2019 to refuse to grant the visa applicant a  Regional Employer Nomination (Permanent) Subclass 187 visa under the Migration Act 1958 (Cth) (the Act).

2. On 28 November 2022 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 decision under review is taken to be affirmed.

   DECISION

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

   Penelope Hunter
   Member