GARG (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a student visa applicant (the review applicant) whose Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, application had been dismissed. The dismissal occurred because the applicant failed to attend a scheduled hearing before the Tribunal.

The central 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 was required to determine the consequence of this failure under the relevant migration legislation and Tribunal rules.

The Tribunal's reasoning was based on the specific provisions governing the review process. As the review applicant did not make an application for reinstatement within the 14-day timeframe stipulated by the rules, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was treated as affirmed. The Tribunal confirmed its decision to dismiss the application.