BCC Signs Pty Ltd (Migration)

This matter concerned an application for review of a delegate's decision to refuse approval of an employer nomination under regulation 5.19 of the *Migration Regulations 1994*. The Administrative Appeals Tribunal had previously dismissed the review applicant's application under section 362B(1A)(b) of the *Migration Act 1958* due to the applicant's failure to attend a scheduled hearing to provide evidence and arguments.

The primary legal issue before the Tribunal was whether the dismissal decision should be affirmed, given the review applicant's subsequent failure to apply for reinstatement of the application within the prescribed 14-day period following notification of the dismissal. The Tribunal was required to determine the consequences of this inaction under the Act.

The Tribunal reasoned that the review applicant had been duly notified of the dismissal decision and provided with a written statement of reasons, as required by section 362C(5) of the Act. Crucially, the applicant was also informed of the right to seek reinstatement within 14 days and the consequence of failing to do so, which was confirmation of the dismissal. As no such application for reinstatement was made within the stipulated timeframe, the Tribunal concluded that it was mandated to confirm the dismissal decision. Consequently, the decision under review was taken to be affirmed.