Afaq (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Afaq concerning a decision relating to a Student (Temporary) (Class TU) visa, Subclass 500. The applicant did not appear at the hearing of their application for review.

The primary 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 apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant procedural rules, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As Afaq did not make such an application, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application for review.