Kaur (Migration)

[2019] AATA 4028

Kaur (Migration) [2019] AATA 4028 (9 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Sukhbir Kaur
Mr Navdeep Singh
Miss Aashman Kaur

CASE NUMBER:  1803405

DIBP REFERENCE(S):  BCC2016/2401031

MEMBER:Andrew McLean Williams

DATE:9 September 2019

PLACE OF DECISION:  Brisbane

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

Statement made on 09 September 2019 at 1:12pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – non-appearance before the Tribunal – application dismissed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 362B, 362C

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Immigration on 22 January 2018 to refuse to grant the visa applicants  Regional Employer Nomination (Permanent) Subclass 187 visas under the Migration Act 1958 (the Act).

2. On 21 August 2019 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the review applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review applicants were 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 applicants were 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 applicants 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 decisions under review are taken to be affirmed.

   DECISION

5. The Tribunal confirms the decision to dismiss the application.

   Andrew McLean Williams
   Member