Cheng (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for review by Mr. Cheng concerning the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). Mr. Cheng failed to appear at the hearing for his application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr. Cheng's application for review, given his non-appearance and subsequent failure to seek reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As Mr. Cheng did not make such an application, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review, which was the cancellation of his visa, was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application for review.