Hsu (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr Hsu concerning a Student (Temporary) (Class TU) visa, subclass 572. Mr Hsu's application had been dismissed by the Department of Home Affairs, and he sought review of this decision. However, Mr Hsu failed to appear before the Tribunal for his scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr Hsu's application, given his failure to attend the hearing and his subsequent failure to apply for reinstatement of the application within the prescribed timeframe.

The Tribunal's reasoning was based on the provisions of the *Migration Act 1958* (Cth) and the relevant regulations. The Tribunal noted that Mr Hsu had not applied for a reinstatement of his application within the 14-day period stipulated by the legislation. In the absence of such an application, the Tribunal was obliged to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.