Leny & Khan Pty Ltd (Migration)

This matter concerned an application for review by Leny & Khan Pty Ltd (the applicant) of a decision made by the Migration Review Tribunal. The applicant sought approval of a nominated position, but failed to attend a hearing before the Tribunal. The Tribunal subsequently dismissed the application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that, pursuant to section 362C(5) of the *Migration Act 1958* (Cth), if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As the applicant did not apply for reinstatement within the specified period, the Tribunal was obliged to confirm the dismissal. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.