KAUR (Migration)

The Administrative Appeals Tribunal considered the case of Kaur, a review applicant concerning a Student (Temporary) (Class TU) Subclass 572 visa. The core of the dispute was the applicant's failure to appear before the Tribunal for a scheduled hearing.

The Tribunal was required to determine whether it had the power to proceed with the review application when the applicant had not appeared and had not sought a reinstatement of their application within the prescribed timeframe.

The Tribunal's reasoning was based on the specific provisions of the relevant migration legislation. As the review applicants did not apply for reinstatement of their application within the 14-day period stipulated by the legislation, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decisions under review were taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.