Liew (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (the Tribunal) to dismiss a Student (Temporary) (Class TU) visa, Subclass 500 (Student) visa application. The applicant, Ms Liew, did not appear before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Ms Liew's application, given her non-appearance and failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that where an applicant fails to appear before the Tribunal and does not apply for reinstatement within 14 days of the dismissal, the Tribunal must confirm the decision to dismiss the application. As Ms Liew did not meet this reinstatement requirement, the Tribunal was bound to confirm the dismissal.

The Tribunal confirmed its decision to dismiss the application.