Chonnoo (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a migration applicant concerning a decision to dismiss their application for a Subclass 187 Regional Sponsored Migration Scheme visa. The applicant failed to attend a scheduled hearing before the Tribunal.

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

The Tribunal's reasoning was based on the provisions of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), which mandate the dismissal of an application if a party fails to attend a hearing without a valid reason or fails to seek reinstatement within the stipulated 14-day period. As the applicant did not apply for reinstatement within the 14-day period, the Tribunal was obliged to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.