Brar (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Brar concerning a decision relating to his Student (Temporary) (Class TU) visa, subclass 500. The applicant did not appear at the hearing before the Tribunal.

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

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. In such circumstances, the original decision under review is taken to be affirmed. The Tribunal Member confirmed the decision to dismiss the application.