Du (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by a student visa holder, referred to as Du, who sought review of a decision to refuse their Student (Temporary) (Class TU) visa (Subclass 500). The primary dispute concerned Du's failure to attend a scheduled hearing before the Tribunal.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of Du's application for review, given Du's failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe. The Tribunal was therefore required to determine the legal consequences of these procedural failures under the relevant migration legislation and Tribunal rules.

The Tribunal applied the principle that where an applicant fails to attend a hearing and does not seek reinstatement of their application within the stipulated 14-day period, the Tribunal must confirm the decision to dismiss the application. This procedural default leads to the decision under review being taken to be affirmed. Consequently, the Tribunal confirmed its earlier decision to dismiss Du's application for review.