Sekhon (Migration)

The Administrative Appeals Tribunal considered the matter of Sekhon, concerning an Employer Nomination (Permanent) visa, Subclass 186 Employer Nomination Scheme. The applicant sought review of a decision to dismiss their application, which had been made after the applicant failed to attend a Tribunal hearing. An extension of time had been granted for the applicant to seek review, but the Tribunal was ultimately required to confirm the dismissal decision due to the applicant's failure to apply for reinstatement within the prescribed period.

The primary legal issue before the Tribunal was whether the applicant had been afforded a reasonable opportunity to appear at the hearing, and consequently, whether the dismissal decision was valid. The Tribunal was also required to determine the consequence of the applicant's failure to apply for reinstatement of their application within the 14-day period stipulated by the relevant regulations.

The Tribunal's reasoning focused on the procedural requirements following a failure to attend a hearing. Having granted an extension of time for the applicant to seek review, the Tribunal noted that the applicant did not subsequently apply for reinstatement of their application within the 14-day period. This failure meant that the Tribunal was bound to confirm the decision to dismiss the application. The Tribunal affirmed the decision under review, confirming the dismissal of the application.