KAIRYS (Migration)

The Administrative Appeals Tribunal considered an application for review by a migration applicant concerning a Temporary Skill Shortage (Class GK) visa, Subclass 482. The applicant's application had been dismissed by the Tribunal, and this decision was the subject of the current review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's application, given the applicant's failure to apply for reinstatement within the prescribed timeframe. The Tribunal was asked to determine the consequence of this non-compliance on the review application.

The Tribunal reasoned that under the relevant procedural rules, if an applicant fails to apply for reinstatement of a dismissed application within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss. Consequently, the decision under review, which was the dismissal of the visa application, was taken to be affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application.