Crescent Nail Salon Pty Ltd (Migration)

[2023] AATA 1910

Crescent Nail Salon Pty Ltd (Migration) [2023] AATA 1910 (28 April 2023)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Crescent Nail Salon Pty Ltd

REPRESENTATIVE:  Mrs Thara Sujithkumar (MARN: 1910685)

CASE NUMBER:  1924963

HOME AFFAIRS REFERENCE(S):           BCC2018/2775186

MEMBER:  Karen McNamara

DATE:  28 April 2023

PLACE OF DECISION:  Sydney

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

Statement made on 28 April 2023 at 12:17pm

CATCHWORDS

MIGRATION – Employer Nomination – approval of nominated position – non-appearance before the Tribunal – application dismissed – dismissal confirmed – 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 Home Affairs on 22 August 2019, to refuse the application by Crescent Nail Salon Pty Ltd (the applicant) for approval of a nomination under reg 5.19 of the Migration Regulations 1994 (Cth) (the Regulations).

1. On 12 April 2023, the Tribunal dismissed the application under s 362B(1A)(b) of 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.

1. The review applicant was notified (via the authorised recipient) 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). The review 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.

1. 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

1. The Tribunal confirms the decision to dismiss the application.

Karen McNamara Member

Case Number 1924963  Page 2 of 2