BFC Information Technology Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by BFC Information Technology Pty Ltd concerning a refusal to approve a nomination. The applicant had failed to attend a scheduled hearing before the Tribunal, which led to the dismissal of their application.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As BFC Information Technology Pty Ltd did not make such an application, the Tribunal was bound to affirm the decision under review.

Consequently, the Tribunal confirmed the decision to dismiss the application.