Bhangu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by the applicants, who sought to challenge a decision concerning their Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute revolved around the applicants' failure to appear before the Tribunal, which led to the dismissal of their application.

The primary legal issue before the Tribunal was whether it was compelled to confirm the dismissal of the application due to the applicants' non-compliance with procedural requirements, specifically their failure to apply for reinstatement within the prescribed timeframe. The Tribunal was required to determine the legal consequence of this non-compliance on the review application.

The Tribunal's reasoning was grounded in the explicit provisions of the relevant legislation, which mandated that if an application for reinstatement is not made within the 14-day period following dismissal, the Tribunal must confirm the decision to dismiss. As the applicants did not meet this reinstatement deadline, the Tribunal was legally bound to affirm the original decision. Consequently, the Tribunal confirmed its decision to dismiss the application.