Gopinathan (Migration)

The Administrative Appeals Tribunal considered the case of Gopinathan, who sought review of a decision to cancel their Student (Temporary) (Class TU) visa, subclass 500. The applicant failed to attend a hearing before the Tribunal, leading to the dismissal of their application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's failure to attend the scheduled hearing. This determination hinged on the Tribunal's procedural rules regarding the reinstatement of applications dismissed due to non-attendance.

The Tribunal's reasoning was based on the applicant's failure to apply for reinstatement of their application within the prescribed 14-day period following the dismissal. Under the relevant migration legislation and Tribunal rules, such a failure mandates that the Tribunal confirm the decision to dismiss the application. Consequently, the decision under review, which was the cancellation of the visa, was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application for review.