Inam (Migration)

The applicant, Inam, sought judicial review of a decision by the Migration Review Tribunal (MRT) to dismiss their application for a Student (Temporary) visa (Class TU) subclass 600. The dismissal occurred because the applicant failed to attend a scheduled hearing before the Tribunal.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend the hearing and their subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to attend a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal therefore confirmed its decision to dismiss the application.