Tsang (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Tsang concerning a decision to refuse a Regional Employer Nomination (Permanent) visa (Subclass 187). The Tribunal was required to determine whether to affirm the decision to dismiss Mr Tsang's application.

The primary legal issue before the Tribunal was whether it was obliged to confirm the dismissal of Mr Tsang's application for review, given his failure to apply for reinstatement within the prescribed 14-day period following the dismissal.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth) concerning the dismissal of applications and the time limits for seeking reinstatement. As Mr Tsang did not make an application for reinstatement within the 14-day period, the Tribunal concluded that it had no discretion to do otherwise than confirm the dismissal. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.