GUNARATNE (Migration)

The applicant, Gunaratne, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The MRT had dismissed Gunaratne's application due to a non-appearance before the Tribunal.

The central legal issue before the Tribunal was whether it was compelled to affirm the decision to dismiss the application, given that the applicant had not sought reinstatement within the prescribed 14-day period following the dismissal.

The Tribunal's reasoning was that under the relevant migration legislation, if an applicant fails to apply for reinstatement of a dismissed application within 14 days, the Tribunal must confirm the decision to dismiss. As Gunaratne did not make such an application, the Tribunal was bound to affirm the dismissal.

Consequently, the Tribunal confirmed the decision to dismiss the application.