Kelly (Migration)

The Administrative Appeals Tribunal considered an application for review by a visa applicant concerning the refusal of a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant's application had been dismissed by the Tribunal due to their non-appearance.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the applicant had not sought reinstatement within the prescribed 14-day period.

The Tribunal applied the relevant provisions of the Migration Act 1958 (Cth) and associated regulations, which stipulate that if an applicant fails to apply for reinstatement within the specified timeframe following a dismissal for non-appearance, the Tribunal must confirm the decision to dismiss. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.