CAMBRIDGE LAW PTY LTD (Migration)

[2019] AATA 4018

CAMBRIDGE LAW PTY LTD (Migration) [2019] AATA 4018 (19 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Cambridge Law Pty Ltd

CASE NUMBER:  1719779

DIBP REFERENCE(S):  BCC2017/2270730

MEMBER:Katie Malyon

DATE:19 September 2019

PLACE OF DECISION:  Sydney

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

Statement made on 19 September 2019 at 10:28 am

CATCHWORDS
MIGRATION – Employer Nomination – approval of nominated position – non-appearance before the Tribunal – application dismissed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 362B, 362C
Migration Regulations 1994 (Cth), r 5.19

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 application made under r.5.19 of the Migration Regulations 1994.

2. On 4 September 2019, the Tribunal dismissed the application under s.362B(1A)(b) of the Migration Act 1958 (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) of the Act. The review applicant was advised that reinstatement of the application could be sought within 14 days of receiving the dismissal statement – that is, on or before 18 September 2019 - 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.

   Katie Malyon

   
   Member