Lian (Migration)

The applicant, Lian, sought judicial review of a decision made by the Migration and Refugee Division of the Administrative Appeals Tribunal. The dispute arose from the Tribunal's dismissal of Lian's application, which was based on the applicant's failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether the dismissal of Lian's application was valid, particularly in light of the applicant's subsequent failure to apply for reinstatement within the prescribed 14-day period. The Tribunal was required to determine the consequences of this failure to seek reinstatement under the relevant migration legislation.

The Tribunal reasoned that, pursuant to section 362C(5) of the *Migration Act 1958* (Cth), where an applicant fails to attend a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As Lian did not apply for reinstatement within this timeframe, the Tribunal was compelled to confirm its earlier decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.