UBNT Australia Pty Ltd (Migration)

[2018] AATA 3403

UBNT Australia Pty Ltd (Migration) [2018] AATA 3403 (22 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  UBNT Australia Pty Ltd

CASE NUMBER:  1708683

DIBP REFERENCE(S):  BCC2016/2615419

MEMBER:Warren Stooke AM

DATE:22 August 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 22 August 2018 at 4:39pm

CATCHWORDS

MIGRATION – Nomination of an occupation (employer nomination) – dismissal decision – failure to attend Tribunal hearing – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 362B, 362C
Migration Regulations 1994, r 5.19

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 r.5.19 of the Migration Regulations 1994 (the Regulations).

2. On 10 July 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. The review applicant applied for reinstatement of the application within 14 days after receiving notice of the decision. For the following reasons, the Tribunal did not consider it appropriate to reinstate the application.

5. The applicant provided the Tribunal with a ticket stub from China Southern that showed that the applicant was in transit on 10 July 2018.

6. The Tribunal was not satisfied as to the reason why the applicant did not attend the hearing and sought proof that the applicant was due to travel back to Australia prior to 10 July 2018 by furnishing the original booking details. This was the subject of a formal request from the Tribunal on 2 August 2018.

7. On the basis that the applicant has neither responded to the Tribunal with the information requested nor sought additional time to respond to the Tribunal (following the elapse six weeks since the interim decision by the Tribunal), the Tribunal has decided to not grant the reinstatement of a hearing.

8. The decision to dismiss the application is confirmed. In these circumstances, the decision under review is taken to be affirmed.

   DECISION

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

   Warren Stooke AM
   Member