Pagtalunan (Migration)

This matter concerned an application for review by Mrs Gerica Dela Cruz Pagtalunan and a second applicant (whose name is not specified) of a decision not to grant them a Skilled Nominated (Permanent) visa (Class SN), Subclass 190. The applicants sought review of the decision to affirm the refusal of their visa applications. The Federal Circuit and Family Court of Australia, presided over by Member Karen McNamara, considered the applicants' failure to provide necessary information and evidence to the Tribunal.

The primary legal issues before the court were whether the applicants had satisfied the requirements for the visa, specifically concerning their assessed score and English language proficiency, and whether the Tribunal had correctly exercised its powers in affirming the decision without further engagement from the applicants. The court also had to determine its own jurisdiction in relation to the second applicant.

The Tribunal had invited the applicants to provide comments or responses regarding information that suggested their assessed score was lower than the invitation score and that they had not provided evidence of English language test results, which were relevant to clause 190.214(1) of the Migration Regulations 1994. While an extension of time was granted to 28 August 2023, no further communication or response was received from the applicants or their representative. The court noted that under subsections 359A, 359C(1), and 360(3) of the Migration Act 1958, the Tribunal may make a decision without further comment from the applicant if they fail to respond within the prescribed period, and the applicant is not entitled to appear before the Tribunal. The court applied these provisions, finding that the applicants had not met the requirements of section 347 of the Act.

Consequently, the Tribunal affirmed the decision not to grant the first named applicant a Skilled Nominated (Permanent) visa. The court further determined that it did not have jurisdiction in relation to the second named applicant.