GILL (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant sought review of a decision that had affirmed the cancellation of their visa.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's application for review, given the applicant's failure to apply for reinstatement within the prescribed 14-day period. This failure meant the Tribunal was bound to treat the original decision as affirmed.

The Tribunal's reasoning was straightforward: the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) mandate that if an applicant fails to seek reinstatement of a dismissed application within the stipulated timeframe, the Tribunal must confirm the dismissal. As the applicant did not meet this requirement, the Tribunal had no discretion but to affirm the decision under review.

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