Pacific Realty Pty Ltd (Migration)

Case

[2017] AATA 1851

13 October 2017


Pacific Realty Pty Ltd (Migration) [2017] AATA 1851 (13 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Pacific Realty Pty Ltd

CASE NUMBER:  1613887

DIBP REFERENCE(S):  BCC2016/1637045

MEMBERS:Danica Buljan (Presiding)

Bridget Cullen

DATE:13 October 2017

PLACE OF DECISION:  Brisbane

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

Statement made on 13 October 2017 at 11:06am

CATCHWORDS
Migration – Standard business sponsor – Non-attendance – Application for re-instatement – Dismissal decision taken to be affirmed

LEGISLATION

Migration Act 1958, ss 362B(1A)(b), 362C(5)

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 on 12 August 2016 not to approve the applicant as a sponsor of the Migration Act 1958 (‘the Act’).

  2. On 27 September 2017 the Tribunal dismissed the application under paragraph 362B(1A)(b) of the Act as the applicant did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

  3. The 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 subsection 362C(5). The 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 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.

    Danica Buljan
    Member


    Bridget Cullen
    Member


Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Jurisdiction

  • Remedies

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