1419916 (Migration)

[2015] AATA 3781

1419916 (Migration) [2015] AATA 3781 (4 December 2015)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Spand Pty Ltd

CASE NUMBER:  1419916

DIBP REFERENCE(S):  BCC2014/1921697

MEMBER:Miriam Holmes

DATE:4 December 2015

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 04 December 2015 at 2:20pm

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 to refuse to approve a nomination under s.140GB of the Migration Act 1958 (the Act).

2. On 17 November 2015 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. The Tribunal notes that the applicant was given notice of the hearing scheduled on 17 November 2015, and the applicant’s representative advised the Tribunal by email on 13 November 2015 and by telephone on 17 November 2015 that the applicant would not attend the scheduled hearing.

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.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.

4. 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.

   DECISION

5. The Tribunal affirms the decision under review.

   Miriam Holmes
   Senior Member