Bui (Migration)

The applicant, Bui, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which confirmed the dismissal of their application for a Student (Temporary) (Class TU) visa, subclass 500. The dismissal by the Tribunal was a consequence of the applicant's failure to attend a scheduled hearing.

The central legal issue before the court was whether the Tribunal had erred in law by confirming the dismissal of the applicant's review application, given the applicant's failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal, applying the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, determined that as the applicant had not sought to have their application reinstated within the 14-day period following the dismissal, the Tribunal was obliged to confirm its earlier decision. This confirmation meant that the decision under review, which was the refusal of the visa, was taken to be affirmed. The Senior Member, P. Wood, therefore confirmed the Tribunal's decision to dismiss the application.