KUMAR (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal (MRT) to dismiss an application for a Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector. The applicant had failed to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's visa application, given the applicant's failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Senior Member reasoned that the Migration Act 1958 (Cth) and the relevant regulations mandated that if an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As the applicant had not applied for reinstatement within the stipulated period, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.