DINH (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a prospective marriage visa applicant (the applicant) whose application had been dismissed by the Department of Home Affairs. The applicant failed to appear before the Tribunal for a scheduled hearing, leading to the dismissal of their application.

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

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning non-appearance before the Tribunal. The Tribunal noted that as the applicant did not apply for reinstatement of their application within the 14-day period stipulated by the regulations, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decisions under review were taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.