Sandhu (Migration)

[2022] AATA 915

Sandhu (Migration) [2022] AATA 915 (22 April 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Gurinder Singh Sandhu
Ms Gurdeep Kaur Sandhu

CASE NUMBER:  2005079

HOME AFFAIRS REFERENCE(S):          BCC2019/5789590

MEMBER:Sheridan Lee

DATE:22 April 2022

PLACE OF DECISION:  Melbourne

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

Statement made on 22 April 2022 at 10:14am

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – 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(1A)(b), 362C(5)

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Home Affairs on 27 February 2020 to refuse to grant the visa applicants  Regional Employer Nomination (Permanent) Subclass 187 visas under the Migration Act 1958 (Cth) (the Act).

2. On 7 April 2022, the Tribunal dismissed the application under s 362B(1A)(b) of the Act as the review applicants did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review applicants were 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 applicants were 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 applicants 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 decisions under review are taken to be affirmed.

   DECISION

5. The Tribunal confirms the decision to dismiss the application.

   Sheridan Lee
   Member