Aftab (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Regional Employer Nomination (Permanent) visa (Subclass 187). The applicant, Mr. Aftab, sought review of a decision made by the Department of Home Affairs. The central issue before the Tribunal was the applicant's failure to attend a scheduled hearing and the subsequent dismissal of his application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr. Aftab's application for review, given his non-attendance at the hearing and the Tribunal's notification obligations. The Tribunal had to determine if the applicant had fulfilled the necessary procedural requirements following the dismissal.

The Tribunal's reasoning was based on the applicant's failure to apply for reinstatement of his application within the prescribed 14-day period after the dismissal. As this time limit had expired without the applicant taking the required action, the Tribunal was bound by its procedural rules to confirm the decision to dismiss the application. Consequently, the decision under review was deemed to be affirmed. The Tribunal confirmed its decision to dismiss the application.