Friends Family Practice Pty Ltd (Migration)

[2024] AATA 2781

Friends Family Practice Pty Ltd (Migration) [2024] AATA 2781 (15 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Friends Family Practice Pty Ltd

CASE NUMBER:  1902655

HOME AFFAIRS REFERENCE(S):          BCC2018/4918642

MEMBER:Karen McNamara

DATE:15 July 2024

PLACE OF DECISION:  Sydney

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

Statement made on 15 July 2024 at 11:09am

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 2.72B

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 15 January 2019, to refuse to approve a nomination under reg 2.72B of the Migration Regulations 1994 (Cth) (the Regulations).

2. On 24 June 2024, the Tribunal dismissed the application under s 362B(1A)(b) of the Migration Act 1958 (Cth) 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). 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.

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.

   Karen McNamara
   Member