Gaind (Migration)

The Administrative Appeals Tribunal (AAT) considered an application concerning the refusal of Regional Employer Nomination (Permanent) Subclass 187 visas. The review applicants had failed to attend a hearing before the Tribunal, which led to the dismissal of their application.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the review applicants had not sought a reinstatement of their application within the prescribed timeframe.

The Tribunal, applying the relevant migration regulations, reasoned that a failure to apply for reinstatement within the 14-day period mandated that the Tribunal confirm the decision to dismiss the application. Consequently, the Tribunal confirmed its earlier decision to dismiss the application, meaning the original decision was taken to be affirmed.