Kaur (Migration)

The applicant, Ms Kaur, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of her Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The AAT had dismissed Ms Kaur's application for review of the visa refusal because she failed to attend the scheduled hearing before the Tribunal.

The primary legal issue before the Court was whether the AAT had erred in law by affirming the decision to dismiss Ms Kaur's application for review, given her failure to attend the hearing and her subsequent failure to apply for reinstatement within the prescribed timeframe.

The Senior Member of the AAT determined that as Ms Kaur did not apply for reinstatement of her application within the 14-day period stipulated by the relevant procedural rules, the Tribunal was obliged to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Senior Member confirmed the Tribunal's decision to dismiss the application.