Alessa (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The review applicants failed to appear at a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to affirm the decision to dismiss the application, given the applicants' non-attendance and subsequent failure to seek reinstatement.

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to appear at a hearing and does not apply for reinstatement within the prescribed 14-day period, the Tribunal must confirm the decision to dismiss the application. As no such application for reinstatement was made, the Tribunal was bound to affirm the decision under review. The Tribunal confirmed the decision to dismiss the application.