Khatri (Migration)

This matter concerned an application for review by Mr. Khatri of a decision made by the Migration Review Tribunal. Mr. Khatri had applied for a Student (Temporary) (Class TU) Subclass 573 visa. The central issue before the Tribunal was Mr. Khatri's failure to appear before it for a scheduled hearing.

The legal issue before the Tribunal was whether it was required to confirm its decision to dismiss Mr. Khatri's application, given his non-appearance. The Tribunal was also required to consider the consequences of Mr. Khatri not applying for reinstatement of his application within the prescribed timeframe.

The Tribunal's reasoning was based on the legislative framework governing such applications. As Mr. Khatri did not apply for reinstatement of his application within the 14-day period stipulated by the relevant regulations, the Tribunal was mandated to confirm its earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.