LIEW (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector. The applicant failed to attend a hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate that if 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 the review applicant did not make such an application, the Tribunal was bound to confirm the dismissal.

The Tribunal confirmed the decision to dismiss the application.