Australian Cheerleading P/L (Migration)

[2023] AATA 1667

Australian Cheerleading P/L (Migration) [2023] AATA 1667 (29 May 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Australian Cheerleading P/L

CASE NUMBER:  1911642

HOME AFFAIRS REFERENCE(S):          BCC2019/1418542

MEMBER:Wan Shum

DATE:29 May 2023

PLACE OF DECISION:  Sydney

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

Statement made on 29 May 2023 at 10:20am

CATCHWORDS

MIGRATION – sponsor refusal – dismissal decision – failure to attend Tribunal hearing – dismissal confirmed – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 140E, 362B, 362C
Migration Regulations 1994

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 Home Affairs on 8 May 2019 not to approve the applicant as a sponsor under s 140E of the Migration Act 1958 (Cth) (the Act).

2. On 12 May 2023 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.

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. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

5. The Tribunal confirms the decision to dismiss the application.

   Wan Shum
   Member