CFF FINANCE MANAGEMENT NSW PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by CFF Finance Management NSW Pty Ltd concerning a dismissal decision relating to an employer nomination for a migration occupation. The applicant sought review of the Department's decision to refuse the nomination.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend the scheduled hearing. The Tribunal also had to determine the consequence of this failure on the review application itself.

The Tribunal's reasoning centred on the provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if a party fails to attend a hearing without a valid reason and does not apply for reinstatement within a specified timeframe, the Tribunal must confirm the decision under review. In this instance, the applicant did not apply for reinstatement within the 14-day period prescribed by the rules. Consequently, the Tribunal was compelled to confirm the dismissal of the application.

The Tribunal confirmed the decision to dismiss the application.