Sandhu (Migration)

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

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicants' non-appearance and their subsequent failure to apply for 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 its decision to dismiss the application. As this condition was met, the Tribunal was bound to confirm the dismissal. Consequently, the decisions under review were taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.