HETTIARACHCHIGE (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Hettiarachchige, a review applicant concerning a Student (Temporary) (Class TU) Subclass 573 visa. The core of the dispute revolved around the applicant's failure to appear at a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's review application, given the applicant's non-appearance at the hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal, applying the relevant migration regulations, reasoned that as the review applicant had not sought reinstatement of their application within the 14-day period stipulated by law, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was deemed to be affirmed. The Tribunal confirmed the decision to dismiss the application.