Syawish Pty Ltd (Migration)

[2018] AATA 4818

Syawish Pty Ltd (Migration) [2018] AATA 4818 (21 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Syawish Pty Ltd

CASE NUMBER:  1617970

DIBP REFERENCE(S):  BCC2016/1963887

MEMBER:C. Packer

DATE:21 December 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal confirms the decision to dismiss the application.

Statement made on 21 December 2018 at 11:36am

CATCHWORDS

MIGRATION – nomination refusal – dismissal decision – failure to attend Tribunal hearing – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 140, 362B, 362C

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration to refuse to approve a nomination under s.140GB of the Migration Act 1958 (the Act).

2. On 5 December 2018 the Tribunal dismissed the application under s.362B(1A)(b) of the Act as the review applicant did not appear before it to give evidence and present arguments at the time and date of the scheduled hearing.

3. The review applicant was notified of the dismissal decision and given a copy of a written statement setting out the decision and the reasons for the decision, in accordance with s.362C(5). The review applicant was advised that reinstatement of the application could be sought within 14 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 14 day period would result in confirmation of the dismissal decision.

4. As the review applicant did not apply for reinstatement of the application within the 14 days period, the Tribunal must confirm the decision to dismiss the application. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

5. The Tribunal confirms the decision to dismiss the application.

   C. Packer
   Member