Alhrbi (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr Alhrbi, who sought review of a decision to refuse him a Student (Temporary) (Class TU) visa (subclass 500). The primary dispute concerned the Tribunal's decision to dismiss Mr Alhrbi's application for review due to his failure to attend a scheduled hearing.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr Alhrbi's application for review, given his failure to attend the hearing and his subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal's reasoning was that under the relevant migration regulations, if an applicant fails to attend 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 Mr Alhrbi did not make such an application within the stipulated period, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.