HU (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Hu concerning his application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate). The dispute arose from the AAT's decision to dismiss Mr Hu's application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr Hu's application, given his failure to attend a scheduled hearing and his subsequent failure to apply for reinstatement within the prescribed timeframe. The Tribunal was required to determine the legal consequence of these failures under the relevant migration legislation and procedural rules.

The Tribunal reasoned that as Mr Hu did not make an application for reinstatement of his application within the 14-day period stipulated by the rules, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was legally treated as affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application.