1516376 (Refugee) [2018] AATA 1760 (15 May 2018)

Last Updated: 22 June 2018

1516376 (Refugee) [2018] AATA 1760 (15 May 2018)

DECISION RECORD

DIVISION: Migration & Refugee Division

CASE NUMBER: 1516376

COUNTRY OF REFERENCE: Bangladesh

MEMBER: Nathan Goetz

DATE: 15 May 2018

PLACE OF DECISION: Sydney

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

Statement made on 15 May 2018 at 10:40am

CATCHWORDS
Refugee – Protection Visa – Bangladesh – Applicant did not appear at hearing – Applicant did not apply for reinstatement

LEGISLATION
Migration Act 1958, ss 426A(1A)(b), 426B(5)

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

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 9 November 2015 to refuse to grant the visa applicant a protection visa under the Migration Act 1958 (the Act).
2. On 30 April 2018 the Tribunal dismissed the application under s.426A(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. See the decision record for an explanation as to why the Tribunal dismissed the application that day.
3. 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.426B(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. The period for reinstatement ended on 14 May 2018.
4. The Tribunal has conducted a search of its records and no request for reinstatement has been received from the applicant. 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

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

Nathan Goetz
Member