CHIN (Migration)

The Administrative Appeals Tribunal considered the case of CHIN (Migration), where the applicant sought review of a decision to cancel their Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant had failed to attend a hearing before the Tribunal, which led to the dismissal of their application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's review application, given the applicant's failure to attend the scheduled hearing and their subsequent failure to apply for reinstatement within the prescribed timeframe. The Tribunal was asked to determine the consequence of these failures on the review process and the original cancellation decision.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate that if an applicant fails to attend a hearing without a valid reason and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. In this instance, as the applicant did not seek reinstatement within the specified period, the Tribunal was bound to confirm the dismissal. Consequently, the original decision to cancel the visa was taken to be affirmed.