Gourishetty (Migration)

The applicant, Mr. Gourishetty, sought judicial review of a decision by the Migration and Refugee Division of the Administrative Appeals Tribunal. The Tribunal had confirmed the cancellation of Mr. Gourishetty's Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The cancellation had been based on Mr. Gourishetty's failure to attend a scheduled hearing before the Tribunal.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr. Gourishetty's application for review of the visa cancellation. This question turned on whether Mr. Gourishetty had made a valid application for reinstatement of his review application within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to attend a hearing and does not apply for reinstatement of their application within 14 days, the Tribunal must confirm the decision to dismiss the application. As Mr. Gourishetty did not apply for reinstatement within this period, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review, which was the cancellation of his visa, was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.