SINGH (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicant did not appear before the Tribunal, and subsequently, a decision was made to dismiss their application. The applicant was notified of this dismissal decision but failed to apply for reinstatement within the prescribed 14-day period.

The central legal issue before the Tribunal was whether the 14-day period for applying for reinstatement of a dismissed application could be extended by the Tribunal.

The Tribunal reasoned that the Migration Act 1958 (Cth) and associated regulations prescribe a strict 14-day timeframe for seeking reinstatement of a dismissed application. The Tribunal found no provision within the relevant legislation that granted it the power to extend this period. Consequently, as the applicants had not applied for reinstatement within the mandatory 14 days, the Tribunal was obliged to confirm the original decision to dismiss the application.

The Tribunal confirmed the decision to dismiss the application.