JAYSHREE ENTERPRISES PTY LTD (Migration)

[2017] AATA 2877

JAYSHREE ENTERPRISES PTY LTD (Migration) [2017] AATA 2877 (29 December 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  JAYSHREE ENTERPRISES PTY LTD

CASE NUMBER:  1611991

DIBP REFERENCE(S):  BCC2015/3188288

MEMBER:Susan Trotter

DATE:29 December 2017

PLACE OF DECISION:  Brisbane

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

Statement made on 29 December 2017 at 8:44am

CATCHWORDS
Migration – Review applicant did not appear before the Tribunal – Application dismissed

LEGISLATION
Migration Act 1958 ss 362B(1A)(b), 362C(5)
Migration Regulations 1994 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 Immigration to refuse to approve a nomination under r.5.19 of the Migration Regulations 1994 (the Regulations).

2. On 12 December 2017, the Tribunal dismissed the application under s.362B(1A)(b) of the Migration Act 1958 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.

   Susan Trotter
   Member