ZIMMERMANN (Migration)
[2024] ARTA 12
•21 November 2024
DECISION AND
REASONS FOR DECISION
ZIMMERMANN (Migration) [2024] ARTA 12 (21 November 2024)
Applicant:Mr Guillaume Christophe Zimmermann
Respondent: Minister for Home Affairs
Tribunal Number: 2211606
Tribunal:General Member S Aster
Place:Melbourne
Date: 21 November 2024
Decision:The Tribunal confirms the decision to dismiss the application.
Statement made on 21 November 2024 at 9:35am
CATCHWORDS
MIGRATION – Temporary Activity (Class GG) Subclass 408 – applicant failed to attend tribunal hearing – dismissal decision was sent in accordance with s 368B – no application for reinstatement – dismissal confirmed – decision under review affirmed
LEGISLATION
Administrative Review Tribunal Act 2024, s 99
Migration Act 1958, s 368B
STATEMENT OF REASONS
APPLICATION FOR REVIEW
This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 21 July 2022 to refuse to grant the visa applicant a Temporary Activity (Class GG) Subclass 408 visa under the Migration Act 1958 (Cth) (the Act).
On 23 October 2024, the Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 (Cth) as the review applicant did not appear before it at the time and date of the scheduled hearing.
The review applicant was notified of the dismissal decision and given a copy of a written statement setting out the decision, in accordance with s 368B(5). The review applicant was advised that reinstatement of the application could be sought within 28 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 28 days period would result in confirmation of the dismissal decision.
As the review applicant did not apply for reinstatement of the application within the 28 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
The Tribunal confirms the decision to dismiss the application.
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