SJDC PRODUCE PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by SJDC Produce Pty Ltd concerning a decision to dismiss its application for approval of a nomination of position. The applicant did not appear at the hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for approval of nomination of position, given the applicant's failure to appear at the hearing and the subsequent absence of an application for reinstatement.

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to appear at a hearing and does not apply for reinstatement within the prescribed 14-day period, the Tribunal must confirm the decision to dismiss the application. As SJDC Produce Pty Ltd did not make such an application for reinstatement, the Tribunal was bound to affirm the decision under review.

Consequently, the Tribunal confirmed the decision to dismiss the application for approval of nomination of position.