LIM (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a student visa applicant, referred to as LIM, following a decision to dismiss their application. The core of the dispute concerned LIM's failure to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of LIM's application, given that LIM had not sought reinstatement of their application within the prescribed 14-day period following the dismissal.

The Tribunal Member, Penelope Hunter, applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations. The Member reasoned that as LIM had failed to make a timely application for reinstatement, the Tribunal had no discretion but to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.