Ji (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Regional Employer Nomination (Permanent) Subclass 187 visa. The applicant failed to attend a hearing before the Tribunal, which led to the dismissal of their application. The Tribunal subsequently sent a dismissal decision in accordance with section 362C(5) of the relevant legislation.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to apply for reinstatement of their application within the prescribed 14-day period following the dismissal.

The Tribunal reasoned that section 362C(5) mandates that if an application for reinstatement is not made within the 14-day timeframe, the Tribunal must confirm the decision to dismiss the application. As the review applicants did not meet this requirement, the Tribunal was bound to affirm the dismissal. Consequently, the Tribunal confirmed the decision to dismiss the application.