Zheng (Migration)

The Administrative Appeals Tribunal (AAT) affirmed a decision to refuse a nomination under the Employer Nomination Scheme (Subclass 186) Direct Entry stream. The applicant, Zheng, had nominated a position of Corporate General Manager.

The primary legal issue before the AAT was whether the applicant had provided a reasonable excuse for failing to attend a scheduled hearing and for not responding to a letter from the Tribunal requesting further information. The Tribunal was required to determine if the applicant had demonstrated sufficient grounds to warrant an adjournment or a review of the decision in their absence.

The Tribunal found that the applicant had not provided a reasonable excuse for their non-attendance at the hearing or for their failure to respond to the Tribunal's correspondence. In the absence of any explanation or evidence to the contrary, the Tribunal concluded that it was unable to proceed with a substantive review of the nomination decision. Consequently, the Tribunal affirmed the original decision to refuse the nomination.