SINGH (Migration)

The applicant, Singh, sought judicial review of a decision by the Migration Review Tribunal (MRT) to confirm the dismissal of his application for a Subclass 187 Regional Employer Nomination (Permanent) visa. The MRT had dismissed his application due to his failure to attend a scheduled hearing.

The central legal issue before the Court was whether the MRT had erred in law by confirming the dismissal of Singh's visa application without considering the merits of his case, given that he had not applied for reinstatement of his application within the prescribed 14-day period following the dismissal.

The Court noted that the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) require an applicant to apply for reinstatement within 14 days of a dismissal decision if they wish to have the application reconsidered. As Singh failed to make such an application, the Tribunal was bound by the legislative framework to confirm the dismissal decision. The Court applied the principle that where a statutory requirement for reinstatement is not met, the Tribunal lacks the power to proceed to a merits review.

Consequently, the Tribunal's decision to confirm the dismissal of the application was affirmed.