Goyal (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr. Goyal concerning a decision related to a Skilled Independent (Permanent) (Class SI) visa, Subclass 189. Mr. Goyal did not appear at the hearing for his application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr. Goyal's application for review, given his failure to appear at the hearing and his subsequent failure to apply for reinstatement within the prescribed timeframe. The Tribunal also considered the consequence of such a dismissal on the decision under review.

The Tribunal reasoned that under its procedural rules, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review is deemed to be affirmed. The Tribunal confirmed its decision to dismiss the application.