Le (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning the cancellation of a Student (Temporary) (Class TU) visa, specifically Subclass 573 (Higher Education Sector). The applicant, identified as Le, had their visa cancelled and subsequently failed to apply for reinstatement of their application within the prescribed timeframe.

The primary legal issue before the Tribunal was whether to confirm the decision to dismiss the applicant's request for reinstatement, given the applicant's failure to adhere to the 14-day period for such an application. This required the Tribunal to consider the procedural requirements for visa reinstatement and the consequences of non-compliance.

The Tribunal's reasoning was straightforward: as the applicant did not lodge the application for reinstatement within the stipulated 14 days, the Tribunal was bound to confirm the decision to dismiss the application. This failure to comply with the procedural time limit meant that the original decision to cancel the visa was effectively affirmed. The Tribunal confirmed the decision to dismiss the application.