Gadre (Migration)

The Administrative Appeals Tribunal considered an application for review by a visa applicant concerning a decision to dismiss their application for a Temporary Graduate (subclass 485) visa. The applicant failed to attend a hearing before the Tribunal, which led to the dismissal of their application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement of the application within the prescribed 14-day period.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which govern the dismissal of applications for non-attendance and the process for seeking reinstatement. As the applicant did not make a timely application for reinstatement, the Tribunal was bound to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.