GANDHAM (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning the cancellation of a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The review applicant had failed to attend a hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application for review, given the applicant's failure to attend the scheduled hearing and their subsequent failure to apply for reinstatement of the application within the prescribed timeframe.

The Senior Member, Antoinette Younes, reasoned that the Migration Act 1958 (Cth) and the relevant regulations mandated that if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As these conditions were met, the decision under review was taken to be affirmed.

Consequently, the Tribunal confirmed the decision to dismiss the application.