Ling (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ling concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant did not appear at the hearing of their application, which led to its dismissal by the Tribunal.

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

The Tribunal reasoned that under the relevant migration regulations, if an applicant fails to apply for reinstatement within 14 days of an application being dismissed for non-appearance, the Tribunal must confirm the dismissal. Consequently, the decision under review is taken to be affirmed. The Tribunal confirmed its decision to dismiss the application.