Kim (Migration)

The applicant, Kim, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to dismiss her application for a Subclass 602 (Medical Treatment) visa. The AAT had dismissed the application due to Kim's failure to attend a scheduled hearing.

The primary legal issue before the Court was whether the AAT had erred in affirming its decision to dismiss Kim's visa application, given her failure to attend the hearing and her subsequent failure to apply for reinstatement within the prescribed timeframe.

The Senior Member of the AAT reasoned that as the applicant did not apply for reinstatement of her application within the 14-day period following the dismissal, the Tribunal was obliged to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.