BACHITER SINGH (Migration)

The applicant, Bachiter Singh, sought review of a decision by the Migration Review Tribunal (MRT) to dismiss his application for reinstatement of his Subclass 573 Student (Temporary) (Class TU) visa. The MRT had dismissed the application because Mr. Singh failed to attend a hearing and did not apply for reinstatement within the prescribed 14-day period.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr. Singh's application for reinstatement, given his failure to comply with the time limit for applying for such reinstatement. This involved the interpretation and application of section 362B(1E) of the relevant migration legislation.

The Tribunal reasoned that section 362B(1E) mandates that if an applicant does not apply for reinstatement within the 14-day period, the Tribunal must confirm the decision to dismiss the application. As Mr. Singh failed to meet this statutory deadline, the Tribunal was bound by the legislative provision. Consequently, the decision under review, which was the dismissal of the reinstatement application, was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.