Choi (Migration)

The applicant, Choi, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to dismiss their application for review of a decision concerning a Subclass 500 (Student) visa. The Tribunal's decision to dismiss Choi's application for review was based on Choi's failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Choi's application for review, given the failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under its procedural rules, if an applicant fails to attend 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 Choi did not make such an application, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review, which was the refusal of the visa, was taken to be affirmed by the Tribunal. The Tribunal confirmed its decision to dismiss the application for review.