Leny & Khan Pty Ltd (Migration)

[2019] AATA 2005

Leny & Khan Pty Ltd (Migration) [2019] AATA 2005 (26 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  LENY & KHAN PTY LTD

CASE NUMBER:  1618969

DIBP REFERENCE(S):  BCC2016/591185

MEMBER:Mary Sheargold

DATE:26 April 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 26 April 2019 at 1:05pm

CATCHWORDS

MIGRATION – Employer Nomination – approval of nominated position – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)– decision under review dismissed

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 4 April 2019 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.

   Mary Sheargold
   Member