An Long Electronics Pty. Ltd. (Migration)

[2018] AATA 654

An Long Electronics Pty. Ltd. (Migration) [2018] AATA 654 (3 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  An Long Electronics Pty. Ltd.

CASE NUMBER:  1603104

DIBP REFERENCE(S):  BCC2015/3532979

MEMBER:Karen Synon

DATE:3 January 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 03 January 2018 at 12:28pm

CATCHWORDS

Migration – Nomination refused – Review applicant was notified of the dismissal decision – Reinstatement not sought – Application dismissed

LEGISLATION

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

2. On 19 December 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.

   Karen Synon
   Member