Yang (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for review by a migration applicant concerning a Subclass 186 Employer Nomination Scheme visa. The applicant failed to appear at the hearing of their application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's non-appearance and subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Administrative Appeals Tribunal Act 1975* (Cth) and the *Migration Act 1958* (Cth), which stipulate that if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As the applicant did not make such an application, the Tribunal was bound to affirm the decision under review.

The Tribunal confirmed its decision to dismiss the application for review.