de Souza Amorim Caldeira (Migration)

The applicant, de Souza Amorim Caldeira, sought review of a decision to cancel their Student (Temporary) (Class TU) visa (Subclass 573 Higher Education Sector). The applicant failed to appear before the Tribunal, and subsequently received notification of the dismissal of their application. The applicant did not apply for reinstatement of the application within the prescribed 14-day period.

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 seek reinstatement within the statutory timeframe. This required the Tribunal to consider the effect of such a failure on the review process and the finality of the decision under review.

The Tribunal applied the principle that where an applicant fails to apply for reinstatement within the 14-day period following notification of dismissal, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.