1513528 (Migration)

The Administrative Appeals Tribunal considered an application for review by a party whose application had been dismissed. The core of the dispute concerned the applicant's failure to seek reinstatement of their application within the prescribed timeframe.

The Tribunal was required to determine whether the dismissal of the application was to be confirmed, given the applicant's non-compliance with the procedural requirements for seeking reinstatement. Specifically, the issue was whether the Tribunal had the discretion to overlook the failure to apply for reinstatement within the stipulated 14-day period.

The Tribunal's reasoning was grounded in the clear legislative requirement that an application for reinstatement must be made within 14 days of the dismissal. As the review applicant had not met this deadline, the Tribunal concluded that it was bound to confirm the original decision to dismiss the application. The Tribunal affirmed that, in these circumstances, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.