Kumar (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Kumar concerning a Temporary Business Entry (Class UC) visa, subclass 457. Mr Kumar 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 Kumar's application for review, given his failure to appear at the hearing and his subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate that if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm its decision to dismiss the application. As Mr Kumar did not make such an application, the Tribunal was bound to confirm the dismissal.

Consequently, the Tribunal confirmed its decision to dismiss the application for review, which meant the original decision concerning the visa was taken to be affirmed.