Mystik Hair & Beauty Pty Ltd (Migration)

[2018] AATA 5219

Mystik Hair & Beauty Pty Ltd (Migration) [2018] AATA 5219 (27 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mystik Hair & Beauty Pty Ltd

CASE NUMBER:  1710777

DIBP REFERENCE(S):  BCC2016/2603808

MEMBER:Amanda Mendes Da Costa

DATE:27 November 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 27 November 2018 at 12:29pm

CATCHWORDS
MIGRATION – Employer Nomination – failure to attend Tribunal hearing – application dismissed – 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 9 November 2018 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.

   Amanda Mendes Da Costa
   Member