2117017 (Migration)

The applicant sought review of a decision to cancel their Bridging C (Class WC) visa. The Administrative Appeals Tribunal (the Tribunal) dismissed the application for review because the applicant failed to appear at the scheduled hearing. The applicant did not subsequently apply for reinstatement of their application within the prescribed 14-day period.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's failure to appear and their subsequent failure to seek reinstatement.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate that if an applicant fails to appear at a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. The Tribunal reasoned that the applicant's inaction meant that the conditions for confirming the dismissal were met.

Consequently, the Tribunal confirmed the decision to dismiss the application for review, thereby affirming the original decision to cancel the applicant's Bridging C visa.