Devershetty (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a person seeking a Student (Temporary)(Class TU) visa, specifically Subclass 573 (Higher Education Sector). The core of the dispute was the applicant's failure to attend a scheduled hearing before the Tribunal, which led to the dismissal of their application. The applicant did not subsequently seek to have the application reinstated.

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-attendance at the hearing and the absence of a request for reinstatement within the prescribed timeframe. The Tribunal had to determine the consequence of the applicant's inaction following the dismissal.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if a review applicant fails to appear at a scheduled hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. In such circumstances, the decision under review is deemed to be affirmed. Consequently, the Tribunal confirmed its earlier decision to dismiss the application.