CHEN (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of a review applicant who failed to attend a hearing for their Student (Temporary) (Class TU) visa, Subclass 572 (Student) application. The applicant's application was dismissed by the Department of Home Affairs, and they subsequently sought review of this decision by the AAT.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to attend the scheduled hearing. The Tribunal was also required to determine the consequence of the applicant not applying for reinstatement of their application within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to attend a hearing without providing a sufficient reason, the Tribunal must confirm the decision to dismiss the application. Furthermore, the Tribunal noted that the applicant had not applied for reinstatement of their application within the 14-day period stipulated by the legislation. Consequently, the Tribunal was bound to confirm the dismissal decision, which meant the original decision of the Department was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.