Lei (Migration)

The Administrative Appeals Tribunal considered an application by Lei concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision to dismiss their application for this visa.

The primary legal issue before the Tribunal was whether the applicant had complied with the procedural requirements for the reinstatement of their application after failing to attend a hearing. Specifically, the Tribunal had to determine if the applicant had applied for reinstatement within the prescribed timeframe.

The Tribunal's reasoning was based on the explicit terms of the Migration Act and Regulations. As the applicant did not apply for reinstatement of their application within the 14-day period stipulated by the relevant provisions, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.