Jafri (Migration)

The Administrative Appeals Tribunal considered an application by Mr Jafri concerning the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant had failed to attend a hearing before the Tribunal, which led to the dismissal of his application for review.

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

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate that if an applicant fails to attend a hearing without a valid reason and does not seek reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As Mr Jafri did not make such an application, the Tribunal was bound to affirm the decision under review.

Consequently, the Tribunal confirmed the decision to dismiss the application.