Absolute Trading Pty Ltd (Migration)

[2017] AATA 1595

Absolute Trading Pty Ltd (Migration) [2017] AATA 1595 (13 September 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Absolute Trading Pty Ltd

CASE NUMBER:  1512118

DIBP REFERENCE(S):  OPF2014/1970 OPF2015/3247

MEMBER:Antonio Dronjic

DATE:13 September 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 13 September 2017 at11:09am

CATCHWORDS
Migration – Sponsor cancellation – Review applicant did not appear for the hearing – Dismissal

LEGISLATION

Migration Act 1958, ss 140M, 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 19 August 2015 to take an action under s.140M of the Migration Act 1958 (the Act) in relation to the applicant’s sponsorship.

2. On 29 August 2017, 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.

   Antonio Dronjic
   Member