Cheng (Migration)

The Administrative Appeals Tribunal considered an application by Mr Cheng concerning a Student (Temporary) (Class TU) visa, subclass 500. Mr Cheng's application had been dismissed by the Tribunal, and he sought review of that dismissal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr Cheng's application, given his failure to apply for reinstatement within the prescribed 14-day period. The Tribunal was also required to determine the consequence of this failure on the decision under review.

The Tribunal reasoned that under the relevant migration legislation, if an applicant does not seek reinstatement of a dismissed application within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its earlier decision to dismiss the application.