MIGRATION - application for approval of nomination of position - information and evidence not provided in response to tribunal's order - application for review dismissed - no application for reinstatement - dismissal confirmed - decision under review affirmed

Administrative Review Tribunal Act 2024 (Cth), ss 79(1), 100(b)

Migration Act 1958 (Cth), ss 190GB, 368B(5)

Migration Regulations 1994 (Cth), r 2.72(10)(a)

1. This is an application for review of a decision made by a delegate of the Minister on 17 April 2024 to refuse to approve the nomination made by the applicant, Young Chol Yu T/A Jal Hairdresser (hereinafter referred to as Mr Yu), under s 140GB of the Migration Act 1958 (the Act) and reg 2.72(10)(a) of the Migration Regulations 1994 (the Regulations).
2. Mr Yu applied on 13 March 2024 for approval to nominate Jiwon Yoon for the position of Hairdresser ANZSCO 391111. The delegate refused to approve the nomination on the basis that the position associated with the nominated occupation was not genuine as required by reg 2.72(10)(a) of the Regulations. Mr Yu sought review of the delegate's decision to refuse the nomination. No documentation whatsoever was submitted in support of the review application at the time it was lodged.
3. On 9 January 2026, the Tribunal made an order under s 79(1) of the Administrative Review Tribunal Act 2024 (Cth) (the ART Act), directing Mr Yu to provide information and evidence to satisfy the requirements in reg 2.72(10)(a) of the Regulations. The Tribunal's order set out a non-exhaustive list of the information and documentation relevant to its assessment of the requirements in this regard. Mr Yu was directed to provide requested information on for before 9 February 2026.
4. The Tribunal's s 79(1) order was sent to Mr Yu via his representative at the email address provided in the review application. The Tribunal did not receive notification of non-delivery of its email. In the circumstances, the Tribunal is satisfied that Mr Yu was properly notified of its s 79(1) direction.
5. On 10 February 2026, the Tribunal dismissed the application under s 100(b) of the ART Act as Mr Yu did not respond to the Tribunal's s 79(1) order by the due date.
6. In accordance with s 368B(5) of the Act, Mr Yu was notified of the Tribunal's dismissal decision and given a copy of the written statement setting out its decision. He was advised that reinstatement of the review application could be sought within 28 days of receiving the dismissal decision and that a failure to apply for reinstatement within the 28 days period would result in confirmation of the dismissal decision.
7. Mr Hu has not applied for reinstatement of the review application within the 28 days period. As a consequence, the Tribunal must confirm its decision to dismiss the application. In these circumstances, the decision under review is taken to be affirmed.

1. The Tribunal confirms the decision to dismiss the application.

Representative for the Applicant: Mr Youngki Hong (MARN: 0701746)