CAMBRIDGE LAW PTY LTD (Migration)

The applicant, Cambridge Law Pty Ltd, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to dismiss its application for approval of a nominated position. The Tribunal's decision was made following the applicant's non-appearance before it.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the applicant had not sought reinstatement within the prescribed 14-day period. The Tribunal was asked to determine the consequence of this failure to apply for reinstatement.

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to appear before the Tribunal and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its earlier decision to dismiss the application.