Fernando (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by a review applicant concerning the cancellation of their Subclass 457 Temporary Business Entry (Class UC) visa. The applicant did not appear before the Tribunal for their hearing, and subsequently did not seek reinstatement of their application within the prescribed timeframe.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to appear and their subsequent failure to apply for reinstatement. This also raised the question of whether the decisions under review were therefore taken to be affirmed.

The Tribunal applied section 362B(1A)(b) of the *Migration Act 1958* (Cth), which mandates that if an applicant fails to appear before the Tribunal and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. The Tribunal reasoned that as the review applicants had not made an application for reinstatement within the stipulated 14-day period, it was bound by the legislative requirement to confirm the dismissal. Consequently, the decisions under review were taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.