Khuon (Migration)

The Administrative Appeals Tribunal considered an application by Khuon concerning a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant's application had been dismissed by the Tribunal, and the applicant sought review of this dismissal.

The primary legal issue before the Tribunal was whether it was required to affirm the decision to dismiss the application, given the applicant's failure to attend a scheduled hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration legislation, if an applicant fails to attend a hearing and does not apply for reinstatement of their application within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss. As this condition was met, the Tribunal was bound to affirm the decision under review.

Consequently, the Tribunal confirmed its earlier decision to dismiss the application.