JIANG (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by the applicant, JIANG, concerning a decision to dismiss their application for a Student (Temporary) (Class TU) visa, subclass 500. The applicant failed to attend a scheduled hearing before the Tribunal.

The primary 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 timeframe.

The Tribunal's reasoning was based on the Migration Regulations. Regulation 4.14 of the Migration Regulations 1994 (Cth) stipulates that if a review applicant fails to attend a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As the applicant did not make such an application, the Tribunal was bound by this regulation.

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