Adhikari (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Adhikari concerning a decision to dismiss his application for a Student (Temporary) (Class TU) visa, Subclass 500. Mr Adhikari had failed to appear before the Tribunal, and subsequently, the Tribunal notified him of its decision to dismiss his application.

The primary legal issue before the Tribunal was whether it was required to affirm the decision to dismiss Mr Adhikari's application, given that he had not applied for reinstatement within the prescribed 14-day period following notification of the dismissal.

The Tribunal applied the relevant migration regulations which stipulate that if an applicant fails to apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review is deemed to be affirmed. The Tribunal confirmed its decision to dismiss the application.