Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Singh concerning a decision to dismiss his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The dismissal decision was made by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given that Mr Singh had failed to attend a scheduled hearing and had not applied for reinstatement of his application within the prescribed 14-day period.

The Tribunal Member, Jade Murphy, reasoned that the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) mandate that if an applicant fails to attend a hearing and does not seek reinstatement within the specified timeframe, the Tribunal must confirm the dismissal decision. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss Mr Singh's application.