Li (Migration)

The Administrative Appeals Tribunal considered an application by Ms Li for review of a decision to refuse her Partner (Provisional) (Class UF) visa, Subclass 309. The primary issue before the Tribunal was the consequence of Ms Li's non-appearance at a scheduled hearing.

The Tribunal was required to determine whether it had the power to affirm the decision to dismiss Ms Li's visa application, given her failure to appear before it and her subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal reasoned that under the relevant migration legislation, where an applicant fails to appear before the Tribunal and does not apply for reinstatement within 14 days of the dismissal, the Tribunal is mandated to confirm the decision to dismiss the application. As Ms Li did not make such an application, the Tribunal had no alternative but to confirm the earlier decision.

Consequently, the Tribunal confirmed the decision to dismiss Ms Li's application.