Lau (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a person identified as Lau, concerning the refusal of a Student (Temporary) (Class TU) visa, subclass 500. The applicant did not appear at the hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application, given the applicant's failure to appear and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal's reasoning was based on the specific provisions of the *Migration Act 1958* (Cth) and associated regulations, which mandate that if an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As no application for reinstatement was made by the applicant within the stipulated period, the Tribunal was bound to affirm the decision under review.

The Tribunal confirmed the decision to dismiss the application.