Wynne (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 186 Employer Nomination (Permanent) visa. The applicant, Mr. Wynne, failed to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss Mr. Wynne's application, given his non-attendance and the absence of an application for reinstatement within the prescribed timeframe.

The Tribunal, applying the relevant migration regulations, determined that because Mr. Wynne did not lodge an application for reinstatement within the 14-day period following his failure to appear, the Tribunal was bound to confirm the decision to dismiss his visa application. The Tribunal noted that this failure to seek reinstatement meant the decision under review was taken to be affirmed.

Consequently, the Tribunal confirmed the decision to dismiss the application.