Lin (Migration)

The Administrative Appeals Tribunal considered an application for review by Ms Lin concerning a decision made under the *Migration Act 1958* (Cth) relating to a Student (Temporary) (Class TU) visa. Ms Lin did not appear at the hearing of her application.

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

The Tribunal reasoned that under the relevant procedural rules, where an applicant fails to appear at a hearing and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As Ms Lin did not make such an application, the Tribunal was bound to affirm the decision under review.

Consequently, the Tribunal confirmed the decision to dismiss the application.