Meng (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187. The review applicants failed to appear at the scheduled hearing for their application.

The primary legal issue before the Tribunal was whether it was required to affirm the decision to dismiss the application, given the review applicants' non-appearance and their failure to seek reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As no such application for reinstatement was made, the Tribunal was bound to affirm the decision under review.

Consequently, the Tribunal confirmed the decision to dismiss the application.