Wynne (Migration)

[2017] AATA 1770

Wynne (Migration) [2017] AATA 1770 (10 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Simon William Wynne

CASE NUMBER:  1620373

DIBP REFERENCE(S):  BCC 2016/1595603

MEMBER:Rania Skaros

DATE:10 October 2017

PLACE OF DECISION:  Sydney

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

Statement made on 10 October 2017 at 1:18pm

CATCHWORDS

Migration – Employer Nomination (Permanent) visa – Subclass 186 (Employer Nomination Scheme) – Applicant did not appear – No application for reinstatement

LEGISLATION

Migration Act 1958, ss 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 on 14 November 2016 to refuse to grant the visa applicant a  Employer Nomination (Permanent) Subclass 186 visa under the Migration Act 1958 (the Act).

2. On 22 September 2017 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.

   Rania Skaros
   Member