HONG (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The applicant failed to appear at the hearing for their application, which led to its dismissal. Subsequently, no application for reinstatement was filed within the prescribed timeframe.

The primary legal issue before the Tribunal was whether the dismissal of the application for review should be confirmed, given the applicant's failure to appear and their subsequent inaction. This required the Tribunal to consider the procedural requirements following a non-appearance at a hearing and the consequences of failing to seek reinstatement.

The Tribunal's reasoning was based on the specific provisions governing the review process. As the applicant did not apply for reinstatement of their application within the 14-day period stipulated by the relevant rules, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal therefore confirmed the decision to dismiss the application.