Govindarajan (Migration) - [2025] ARTA 2124

GOVINDARAJAN (MIGRATION) [2025] ARTA 2124 (7 SEPTEMBER 2025)
DECISION AND
REASONS FOR DECISION
Applicant:Mr Aswin Kumar Govindarajan
Respondent:  Minister for Immigration and Citizenship
Tribunal Number:  2509780

Tribunal:Clyde Cosentino
Place:Brisbane
Date: 7 September 2025
Decision:The Tribunal confirms the decision to dismiss the application.

Statement made on 07 September 2025 at 3:19pm
CATCHWORDS
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – dismissal decision – failure to attend Tribunal hearing – reinstatement request – dismissal confirmed – decision under review affirmed
LEGISLATION
Administrative Review Tribunal Act 2024 (Cth), s 99
Migration Act 1958 (Cth), s 368B
Migration Regulations 1994
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 7 February 2025 to cancel the applicant’s Subclass 500 Student (Temporary) (Class TU) visa under the Migration Act 1958 (Cth) (the Act).
On 8 August 2025, the Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 (Cth) as the review applicant did not appear before it at the time and date of the scheduled hearing.
On 8 August 2025, the review applicant was notified of the dismissal decision and given a copy of a written statement setting out the decision, in accordance with s 368B(5). The review applicant was advised that reinstatement of the application could be sought within 28 days of receiving the dismissal statement and that a failure to apply for reinstatement within the 28 days period would result in confirmation of the dismissal decision. The review applicant was advised that if they applied for reinstatement, they should set out why they failed to appear at the hearing and provide any other information they wanted the Tribunal to take into consideration when deciding whether their reinstatement application should be granted.
On 5 September 2025, the last day for making a reinstatement request, the review applicant applied for reinstatement of the application, by email, stating as follows:
I am writing to respectfully request the reinstatement of my application for review in relation to Case Number 2509780, concerning the cancellation of my Subclass 500 (Student) visa.
Unfortunately, I was unable to attend the scheduled hearing on 7 August 2025 due to being unwell. On the day of the hearing, I genuinely tried to make arrangements to attend, but my health condition made it impossible for me to be present. This was never my intention, and I deeply regret missing such an important appointment.
I sincerely apologise to the Tribunal for my absence and for any inconvenience it may have caused. I assure you that I take this matter with the utmost seriousness. If required, I am fully prepared to provide **medical certificates or any other supporting documents** [asterisks were included in the applicant’s email in this format] immediately to demonstrate the circumstances that prevented my attendance.
This application is extremely important to me, and the decision regarding my visa will have a profound impact on my future. My studies, my well-being, and my life in Australia depend on the outcome of this review. I kindly request the Tribunal to take my genuine circumstances into consideration and allow me the opportunity to proceed with my application.
I respectfully ask for your compassion and understanding in this matter. Please give me the chance to present my case properly so that the Tribunal may make a fair decision based on all relevant facts.
Thank you very much for your time and consideration.
The Tribunal has considered the information provided in the reinstatement application and other relevant matters as outlined below. For the following reasons, the Tribunal does not consider it appropriate to reinstate the application.
The Tribunal notes that the review applicant acknowledges in their request that they failed to appear at the scheduled hearing. The review applicant’s reasons for failing to appear at the scheduled Tribunal hearing and any other information they wished the Tribunal to consider are that they “genuinely tried to make arrangements to attend, but [their] health condition made it impossible for [them] to be present. This was never [their] intention. They stated that “[if] required, [they were] fully prepared to provide medical certificates or any other supporting documents immediately to demonstrate the circumstances that prevented [their] attendance”. These are the only reasons provided by the review applicant and all the information provided to the Tribunal to consider. The review applicant was advised in the hearing invitation that the hearing was an opportunity for them to present further information regarding their claims and that if they did not attend the hearing, the Tribunal may dismiss the application for review without any further consideration of the application or the information before it.
The review applicant has not provided any evidence or information as to how they “genuinely tried to make arrangements to attend” and what was the “health condition” that made it “impossible for [them] to be present” at the hearing. They have not provided any documentation or further information, for the Tribunal to consider, either on the day of the hearing or at any time within the 28-day period given to the applicant to support their statement that they had a “health condition” which made it “impossible for them to be present” at the hearing. The review applicant has not provided any other information in support of their reinstatement application notwithstanding they stated, “[i]f required, [they were] fully prepared to provide medical certificates or any other supporting documents immediately to demonstrate the circumstances that prevented their attendance.” In this regard the Tribunal has considered that the review applicant was asked that, within the prescribed 28-day period as notified to the review applicant, they should set out why they failed to appear at the hearing and provide any other information they wanted the Tribunal to take into consideration when deciding whether their reinstatement application should be granted.
The Tribunal is satisfied that the review applicant was given 28 days to provide all information (which included supporting documents) as to why they could not attend the hearing as scheduled and what specific health condition prevented them from attending. The Tribunal notes that the applicant is aware that they could provide “medical certificates or any other supporting documents” but did not do so, informing the Tribunal “if required”.
It is not for the Tribunal to request documents for the review applicant to provide in this case. The review applicant was notified by letter dated 8 August 2025 of the dismissal decision and what they should do within the 28-day period. They were advised to set out why they failed to appear at the hearing and to provide any other information they wanted the Tribunal to take into consideration when deciding whether their reinstatement application should be granted. No other information or material was provided for the Tribunal by the review applicant for the Tribunal to take into consideration when deciding whether their reinstatement application should be granted. Based on the available information before the Tribunal, the Tribunal does not consider that the review applicant has provided a reasonable or acceptable explanation for their failure to attend the hearing.
The Tribunal acknowledges the review applicant’s request that “[this] application is extremely important to [them], and the decision regarding [their] visa will have a profound impact on [their] future” and that [their] studies, [their] well-being, and [their] life in Australia depend on the outcome of this review”. However, as outlined above, the review applicant has been given the opportunity to present their case and to provide information for the Tribunal to consider in relation to their request for reinstatement. Therefore, the Tribunal is not satisfied that they have provided an adequate explanation for their non-appearance before the Tribunal.
The decision to dismiss the application is confirmed. In these circumstances, the decision under review is taken to be affirmed.
DECISION
The Tribunal confirms the decision to dismiss the application.