SBL SOLUTIONS PTY LTD (Migration) [2021] AATA 4417 (1 November 2021)

DECISION RECORD
DIVISION:	Migration & Refugee Division
APPLICANT:	SBL SOLUTIONS PTY LTD
CASE NUMBER:	1806423
HOME AFFAIRS REFERENCE(S):	BCC2017/4141114 
MEMBER:	R. Skaros
DATE:	1 November 2021
PLACE OF DECISION:	Sydney
DECISION:	The Tribunal confirms the decision to dismiss the application.

Statement made on 01 November 2021 at 4:10pm

CATCHWORDS
MIGRATION – approval of a nomination – dismissal decision – failure to attend Tribunal hearing – decision under review affirmed 

LEGISLATION
Migration Act 1958, ss 362B, 362C
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 Home Affairs to refuse to approve a nomination under reg 5.19 of the Migration Regulations 1994 (Cth) (the Regulations).
2.  	On 8 October 2021 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.

R. Skaros
Senior Member