Gill (Migration)

The applicant, Gill, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of a Student (Temporary) (Class TU) visa, subclass 500. The AAT's decision to affirm the refusal stemmed from the applicant's non-appearance before the Tribunal.

The central legal issue before the court was whether the Tribunal was correct in affirming the decision to dismiss the applicant's application for review, given the applicant's failure to appear and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal's decision was based on the operation of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth). Specifically, the Tribunal was required to confirm its decision to dismiss the application if the applicant did not apply for reinstatement within the 14-day period following the dismissal. As this condition was not met, the Tribunal concluded that the decision under review was taken to be affirmed. The Member confirmed the Tribunal's decision to dismiss the application.