Liu (Migration)

The Administrative Appeals Tribunal considered an application for review by a migration applicant concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant failed to appear at the hearing of their application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given the applicant's non-appearance and the subsequent failure to seek reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant does not appear at 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.

Consequently, the Tribunal confirmed its decision to dismiss the application, which meant the original decision was taken to be affirmed.