Chen (Migration)

The Administrative Appeals Tribunal considered an application by Chen for review of a decision to dismiss a Subclass 187 (Regional Sponsored Migration Scheme) visa application. The applicant did not appear before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the visa application, given the applicant's non-appearance and failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the Migration Act 1958 (Cth) and associated regulations, which stipulate that if an applicant fails to appear before the Tribunal and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As the applicant did not meet this requirement, the Tribunal was bound to affirm the dismissal.

The Tribunal confirmed the decision to dismiss the application.