Bui (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) Subclass 482 visa. The applicant failed to attend a hearing before the Administrative Appeals Tribunal. Consequently, the Tribunal made a decision to dismiss the application. The applicant did not subsequently apply for a reinstatement of the application within the prescribed 14-day period.

The primary legal issue before the Tribunal was whether the dismissal decision should be confirmed, given the applicant's failure to attend the hearing and their subsequent failure to seek reinstatement of the application. This required the Tribunal to consider the operation of section 362C(5) of the *Migration Act 1958* (Cth) and the consequences of not making an application for reinstatement within the stipulated timeframe.

The Tribunal applied section 362C(5) of the *Migration Act 1958* (Cth), which mandates that if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As the applicant did not make such an application, the Tribunal was bound to confirm the dismissal. The Tribunal reasoned that in these circumstances, the decision under review is taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.