BRIGHTEN SERVICES (AUSTRALIA) PTY (Migration)

[2017] AATA 1690

BRIGHTEN SERVICES (AUSTRALIA) PTY (Migration) [2017] AATA 1690 (20 July 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Brighten Services (Australia) Pty Ltd

CASE NUMBER:  1515138

DIBP REFERENCE(S):  BCC2015/2427629

MEMBER:Danica Buljan

DATE:20 July 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 20 July 2017 at 4:23pm

CATCHWORDS

Migration – Employer Nomination – Non-attendance at hearing – Failure to apply for reinstatement

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 section 140GB of the Migration Act 1958 (‘the Act’).

2. On 4 July 2017 the Tribunal dismissed the application under subsection 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 subsection 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.

   Danica Buljan
   Member