Khan (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Khan concerning a decision relating to his Student (Temporary) (Class TU) visa, subclass 500. Mr Khan did not appear at the hearing of his application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Mr Khan's application for review, given his failure to appear at the hearing and his subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As Mr Khan did not make such an application, the Tribunal was bound to affirm the decision under review.

The Tribunal confirmed the decision to dismiss the application for review.