JIANG (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Student (Temporary) (Class TU) Subclass 572 visa. The review applicant failed to appear before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the review applicant's non-appearance and failure to seek reinstatement.

The Tribunal applied the principle that where a review applicant does not appear and does not apply for reinstatement of their application within the prescribed 14-day period, the Tribunal must confirm the decision to dismiss the application. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.