He (Migration)

[2020] AATA 5235

He (Migration) [2020] AATA 5235 (30 September 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Biqi He

CASE NUMBER:  1807660

DIBP REFERENCE(S):  BCC2017/2250868

MEMBER:Andrew George

DATE:30 September 2020

PLACE OF DECISION:  Darwin

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

Statement made on 30 September 2020 at 4:23pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 Employer Nomination Scheme – dismissal decision – failure to attend Tribunal hearing – decision under review affirmed

LEGISLATION
Migration Act 1958, ss 362B, 362C

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 Immigration on 14 March 2018 to refuse to grant the visa applicant an Employer Nomination (Permanent) Subclass 186 visa under the Migration Act 1958 (the Act).

2. On 15 September 2020 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.

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.

   Andrew George
   Member