Absolute Trading Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a matter involving Absolute Trading Pty Ltd, the review applicant, and the Department of Home Affairs, concerning the cancellation of a sponsorship. The core of the dispute was the applicant's failure to appear at a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's non-attendance at the hearing and subsequent failure to seek reinstatement within the prescribed timeframe. The Tribunal was tasked with determining the consequences of this non-compliance under the relevant migration legislation and procedural rules.

In reaching its decision, the Tribunal applied the principle that where a review applicant fails to appear at a hearing and does not apply for reinstatement within the 14-day period stipulated by the rules, the Tribunal must confirm the dismissal of the application. This confirmation means that the original decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.