Zulkefle (Migration)

[2018] AATA 374

Zulkefle (Migration) [2018] AATA 374 (9 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Noorashidah Zulkefle

CASE NUMBER:  1621954

DIBP REFERENCE(S):  CLF2015/53229

MEMBER:John Billings

DATE:9 February 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 09 February 2018 at 12:05pm

CATCHWORDS
Migration – Cancellation – Bridging C (Class WC) visa – Subclass 030 (Bridging C) – Applicant failed to attend hearing – Applicant has left Australia – Reinstatement not saught

LEGISLATION
Migration Act 1958, 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 Immigration on 15 December 2016 to cancel the applicant’s Subclass 030 Bridging C (Class WC) visa under the Migration Act 1958 (the Act).

2. On 25 January 2018 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the applicant did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. Movement records indicate that the applicant’s last visa was a Bridging E visa and that she departed Australia in November 2017. 

4. The review applicant was represented in the proceeding.  The representative informed the Tribunal on 9 January that he did not have instructions but the review applicant has not advised the Tribunal that he is no longer her representative or authorised recipient.   

5. The 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 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.

6. As the 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

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

   John Billings
   Senior Member