Lelis De Assis (Migration)

The applicant, Lelis De Assis, sought judicial review of a decision by the Migration Review Tribunal (MRT) which affirmed the refusal of his Student (Temporary) (Class TU) visa, subclass 500. The MRT had dismissed his application due to his non-appearance before the Tribunal.

The central legal issue before the court was whether the MRT was required to confirm its decision to dismiss the applicant's application, given that the applicant had not applied for reinstatement within the prescribed 14-day period. This also raised the question of whether, in such circumstances, the decision under review was taken to be affirmed.

The Tribunal's decision was based on the legislative framework governing such applications. As the applicant failed to seek reinstatement of his application within the stipulated 14-day timeframe, the Tribunal was mandated by law to confirm its earlier decision to dismiss the application. Consequently, the decision under review was deemed to be affirmed.

The Tribunal confirmed the decision to dismiss the application.