Do (Migration)

The applicant, identified as Do, sought judicial review of a decision made by the Administrative Appeals Tribunal. The dispute concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The Tribunal had previously dismissed the applicant's application for review.

The primary legal issue before the Tribunal was whether it was required to confirm its decision to dismiss the application, given that the applicant had not appeared at the hearing and had not subsequently applied for reinstatement within the prescribed 14-day period.

The Tribunal's reasoning was that the Migration Act 1958 (Cth) and associated regulations mandated the confirmation of a dismissal decision if a reinstatement application was not filed within the specified timeframe. As no such application was made by the applicant, the Tribunal was bound to confirm its earlier decision. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed its decision to dismiss the application.