Li (Migration)

The Administrative Appeals Tribunal considered the case of Li, who sought review of a decision to cancel their Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The primary dispute concerned the applicant's failure to appear before the Tribunal for a scheduled hearing and the subsequent dismissal of their application for review.

The central legal issue before the Tribunal was whether it was required to confirm the decision to dismiss the application for review, given that the applicant had not applied for reinstatement within the prescribed 14-day period following the dismissal. This required the Tribunal to consider the implications of the applicant's non-appearance and the statutory framework governing applications for reinstatement.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations. It reasoned that the applicant's failure to seek reinstatement within the stipulated timeframe meant that the Tribunal was bound to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.