DEEPAK (Migration)

The Administrative Appeals Tribunal considered the application of a review applicant concerning a Student (Temporary) (Class TU) visa, Subclass 500. The core of the dispute was the applicant's failure to appear at a scheduled hearing to present evidence and arguments, and their subsequent failure to apply for reinstatement of their application within the prescribed 14-day period.

The Tribunal was required to determine whether it was obligated to confirm the dismissal of the application given the applicant's non-appearance and failure to seek reinstatement within the statutory timeframe. The central legal issue was the consequence of such non-compliance with the Tribunal's procedural rules and the relevant legislative provisions governing applications for reinstatement.

The Tribunal's reasoning was grounded in the explicit provisions of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), which mandate that an application dismissed for failure to appear can only be reinstated if an application for reinstatement is made within 14 days. As the review applicant did not make such an application within this period, the Tribunal was bound by law to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.