Chen (Migration)

The Administrative Appeals Tribunal considered an application by a student visa holder whose visa had been cancelled. The applicant failed to attend a hearing before the Tribunal, which led to the dismissal of their application for review of the cancellation decision. The applicant subsequently failed to apply for reinstatement of their application within the prescribed 14-day period.

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 seek reinstatement within the stipulated timeframe. The Tribunal was therefore required to determine the legal consequence of this failure under the relevant migration legislation and procedural rules.

The Tribunal applied the principle that where an applicant fails to comply with a procedural requirement, such as applying for reinstatement within the specified period, the Tribunal is mandated to confirm the dismissal of the application. In this instance, the applicant's failure to seek reinstatement meant that the Tribunal had no discretion but to confirm the earlier decision to dismiss their application for review. Consequently, the decision under review was taken to be affirmed.