Baraily (Migration)

The Administrative Appeals Tribunal considered an application by the review applicants concerning a decision to dismiss their application for a Student (Temporary) (Class TU) visa, subclass 500. The Tribunal was required to determine whether the dismissal decision should be affirmed.

The central legal issue before the Tribunal was whether the review applicants had complied with the procedural requirements following the dismissal of their application. Specifically, the Tribunal had to ascertain if the applicants had sought reinstatement of their application within the prescribed 14-day period.

The Tribunal reasoned that as the review applicants failed to apply for reinstatement within the stipulated timeframe, the Tribunal was bound to confirm the decision to dismiss the application. Consequently, the decisions under review were taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.