Unique International College Pty Ltd (Migration)

[2020] AATA 3555

Unique International College Pty Ltd (Migration) [2020] AATA 3555 (16 July 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Unique International College Pty Ltd

CASE NUMBER:  1820096

DIBP REFERENCE(S):  BCC2015/3892119

MEMBER:Bridget Cullen

DATE:16 July 2020

PLACE OF DECISION:  Brisbane

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

Statement made on 16 July 2020 at 4:09pm

CATCHWORDS

MIGRATION – Nomination – applicant failed to attend tribunal hearing –dismissal decision was sent in accordance with s 362C(5)– applicant did not apply for reinstatement – decision under review dismissed

LEGISLATION

Migration Act 1958, s 362

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 29 June 2020 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.

   Bridget Cullen
   Member