CHOON (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant had failed to appear before the Tribunal, leading to the dismissal of their application.

The primary legal issue before the Tribunal was whether it was required to affirm the decision to dismiss the application, given the applicant's non-appearance and failure to seek reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration legislation, if an applicant does not apply for reinstatement of their application within 14 days of its dismissal for non-appearance, the Tribunal must confirm the dismissal. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.