Kim (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicants, identified as the review applicants, had their application dismissed by the Tribunal due to non-appearance.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the review applicants had not sought reinstatement within the prescribed 14-day period. The Tribunal was therefore required to determine the legal consequence of this failure to apply for reinstatement.

The Tribunal reasoned that under the relevant procedural rules, where an applicant fails to apply for reinstatement of a dismissed application within the specified timeframe, the Tribunal must confirm the decision to dismiss. Consequently, in such circumstances, the original decisions are taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.