Kaur (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant seeking review of a decision to dismiss their application for a Regional Employer Nomination (Permanent) (Class RN) visa (Subclass 187). The applicant did not appear before the Tribunal, and subsequently, the Tribunal notified the applicant of its decision to dismiss the application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the applicant had not applied for reinstatement within the prescribed 14-day period following notification of the dismissal decision.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate a time limit for applying for reinstatement of a dismissed application. As the applicant failed to meet this time limit, the Tribunal was bound by the legislative framework to confirm its earlier decision to dismiss the application. Consequently, the decisions under review were taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.