City Fix Plumbing Pty Ltd (Migration)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse approval of a nomination under regulation 5.19 of the Migration Regulations 1994. The Administrative Appeals Tribunal had previously dismissed the applicant's application for review under section 362B(1A)(b) of the Migration Act 1958 because the applicant failed to appear at the scheduled hearing to provide evidence and present arguments.

The primary legal issue before the Tribunal was whether the dismissal decision should be confirmed, given the applicant's failure to apply for reinstatement within the prescribed 14-day period following notification of the dismissal. The applicant had been informed of the dismissal, provided with a written statement of reasons, and advised of the right to seek reinstatement within 14 days, with a failure to do so resulting in confirmation of the dismissal.

The Tribunal reasoned that, in accordance with the legislative framework, the applicant's failure to lodge a reinstatement application within the stipulated 14-day timeframe necessitated the confirmation of the dismissal decision. As no application for reinstatement was made, the Tribunal was bound to affirm the original decision to dismiss the application. Consequently, the Tribunal confirmed its prior decision to dismiss the application.