He (Migration)

The applicant, He, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed a decision to dismiss an application for a Subclass 186 Employer Nomination Scheme visa.

The primary legal issue before the court was whether the Tribunal had erred in affirming the dismissal decision, specifically in circumstances where the applicant failed to attend a scheduled hearing and did not apply for reinstatement of the application within the prescribed 14-day period.

The Tribunal's decision was based on the applicant's failure to comply with procedural requirements. As the applicant did not seek reinstatement of their application within the stipulated timeframe following their non-attendance at the hearing, the Tribunal was obliged to confirm the dismissal decision. This confirmation meant that the original decision to dismiss the visa application was taken to be affirmed by the Tribunal.