CHEN (Migration)

The applicant, Chen, sought review of a decision by the Department of Home Affairs to refuse a Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector. The Administrative Appeals Tribunal (AAT) dismissed Chen's application for review because Chen failed to attend the scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Chen's application for review, given Chen's failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal applied the provisions of the *Administrative Appeals Tribunal Act 1975* (Cth) and the relevant Migration Regulations. The Tribunal noted that where an applicant fails to attend a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal is obliged to confirm the decision to dismiss the application. This confirmation means that the original decision under review is taken to be affirmed.

Consequently, the Tribunal confirmed its decision to dismiss the application for review.