Chew (Migration)

The applicant, Chew, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm a decision to dismiss their application for a Student (Temporary) (Class TU) visa, subclass 500. The dismissal occurred because the applicant failed to attend a hearing before the Tribunal.

The central legal issue before the court was whether the MRT had erred in law by affirming the dismissal decision, specifically concerning the applicant's failure to apply for reinstatement of their application within the prescribed 14-day period.

The Tribunal Member, Mark Bishop, reasoned that as the applicant did not apply for reinstatement within the stipulated timeframe, the Tribunal was obliged to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application.