Lau (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms Lau concerning a decision to dismiss her application for a Student (Temporary) (Class TU) visa, subclass 600 (Visitor). The core of the dispute was the applicant's failure to attend a scheduled hearing before the Tribunal, which led to the dismissal of her application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Ms Lau's application, given her failure to attend the hearing and her subsequent failure to apply for reinstatement within the prescribed timeframe. The Tribunal was therefore tasked with determining the legal consequence of these procedural failures under the relevant migration legislation and the Tribunal's own rules.

The Tribunal applied the provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), along with its procedural rules, to the facts before it. The Tribunal noted that the applicant had not applied for a reinstatement of her application within the 14-day period stipulated for such applications following the dismissal. Consequently, the Tribunal was bound to confirm its earlier decision to dismiss the application. The Tribunal confirmed its decision to dismiss the application.