Joshi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by the applicants concerning a decision to dismiss their application for a Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute was the applicants' failure 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 that the applicants had not sought reinstatement within the prescribed 14-day period following their failure to attend the hearing.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that 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. As the applicants did not make such an application, the Tribunal was bound by these provisions.

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