JP Moe Pty Ltd (Migration)

This matter concerned an application for review of a delegate's decision to refuse to approve a business nomination under regulation 5.19 of the Migration Regulations 1994. The Administrative Appeals Tribunal had dismissed the review applicant's application under section 362B(1A)(b) of the Migration Act 1958 because the applicant failed to appear at the scheduled hearing to provide evidence and arguments.

The primary legal issue before the court was whether the Tribunal was correct in confirming its decision to dismiss the application. The review applicant had been notified of the dismissal and provided with a written statement of reasons, as required by section 362C(5) of the Act. Crucially, the applicant was also informed that they had 14 days from receipt of the dismissal statement to seek reinstatement of the application, and that failure to do so would result in confirmation of the dismissal.

The court reasoned that as the review applicant did not apply for reinstatement within the stipulated 14-day period, the Tribunal was mandated by the legislation to confirm its earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.