Li (Migration)

The Administrative Appeals Tribunal (Cth) considered the application of Ms Li for a Temporary Skill Shortage (Class GK) Subclass 482 visa. The applicant failed to attend a hearing before the Tribunal, which led to the dismissal of her application. The Tribunal was required to determine whether the dismissal decision was made in accordance with the relevant legislative provisions and whether the subsequent confirmation of that dismissal was lawful.

The central legal issue was the application of section 362C(5) of the *Migration Act 1958* (Cth) and its effect on the Tribunal's power to review the applicant's case. Specifically, the Tribunal had to consider whether the applicant's failure to attend the hearing, and her subsequent failure to apply for reinstatement within the prescribed timeframe, meant that the Tribunal was mandated to confirm its earlier decision to dismiss the application.

The Tribunal reasoned that as the applicant did not apply for reinstatement of her application within the 14-day period stipulated by the legislation, the Tribunal was obliged to confirm the decision to dismiss the application. Consequently, under section 362C(5), the decisions under review were taken to be affirmed. The Tribunal therefore confirmed its decision to dismiss the application.