M.A Alawdeen & M Mohammed Akbar (Migration)

[2019] AATA 6917

M.A Alawdeen & M Mohammed Akbar (Migration) [2019] AATA 6917 (20 December 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  M.A Alawdeen & M Mohammed Akbar

CASE NUMBER:  1801174

DIBP REFERENCE(S):  BCC2017/263433

MEMBER:Mary Sheargold

DATE:20 December 2019

PLACE OF DECISION:  Melbourne

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

Statement made on 20 December 2019 at 12:46pm

CATCHWORDS
MIGRATION – application for approval of nomination of position – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 362B, 362C
Migration Regulations 1994 (Cth), 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 5 December 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