Kong (Migration) [2018] AATA 2437 (31 May 2018)

Last Updated: 25 July 2018

Kong (Migration) [2018] AATA 2437 (31 May 2018)

DECISION RECORD

DIVISION: Migration & Refugee Division

APPLICANT: Mr Chee Sing Kong

CASE NUMBER: 1732589

DIBP REFERENCE(S): BCC2017/3588360

MEMBER: M. Edgoose

DATE: 31 May 2018

PLACE OF DECISION: Melbourne, Victoria

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

Statement made on 31 May 2018 at 2:42pm

CATCHWORDS
Migration – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Dismissal decision – Failure to attend Tribunal hearing – Decision under review dismissed

LEGISLATION
Migration Act 1958, ss 362B, 362C

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 1 December 2017 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).
2. On 14 May 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.
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.

M. Edgoose
Member