JP Moe Pty Ltd (Migration)

[2018] AATA 1100

JP Moe Pty Ltd (Migration) [2018] AATA 1100 (16 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  JP Moe Pty Ltd

CASE NUMBER:  1707169

DIBP REFERENCE(S):  BCC2016/1313929

MEMBER:Warren Stooke AM

DATE:16 April 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 16 April 2018 at 4:31pm

CATCHWORDS
Migration – Business nomination – Review applicant did not appear before the Tribunal – Reinstatement of the application not sought

LEGISLATION
Migration Act 1958, ss 362B, 362C
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 21 March 2018 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.

   Warren Stooke AM
   Member