CHOEMUE (Migration)

The applicant, CHOEMUE, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the cancellation of their Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The MRT had dismissed the applicant's application for review due to their non-appearance before the Tribunal.

The central legal issue before the court was whether the MRT had correctly affirmed the decision to dismiss the applicant's review application, given the applicant's failure to apply for reinstatement within the prescribed 14-day period following their non-appearance.

The Tribunal's decision was based on the legislative framework governing such circumstances. As the applicant did not make an application for reinstatement within the 14-day period stipulated by the relevant migration legislation, the Tribunal was mandated to confirm the dismissal of the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.