CHOI (Migration)

The Administrative Appeals Tribunal considered the case of Choi, concerning an application for a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 (Temporary Work (Skilled)) visa. The applicant's application had been dismissed, and the applicant sought review of this dismissal decision.

The primary legal issue before the Tribunal was whether the dismissal decision should be affirmed, given the applicant's failure to attend a scheduled Tribunal hearing and their subsequent failure to apply for reinstatement of their application within the prescribed 14-day period.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to attend a hearing and does not seek reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. As the review applicants did not make the required application for reinstatement within the 14-day period, the Tribunal was bound to confirm the dismissal decision.

Consequently, the Tribunal confirmed the decision to dismiss the application.