Liu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a migration applicant concerning a Subclass 186 Employer Nomination (Permanent) visa. The applicant had failed to appear for a scheduled interview, and subsequently, the Department of Home Affairs had refused their visa application. The applicant then sought review of this decision by the AAT.

The primary legal issue before the Tribunal was whether it was required to confirm the decision to refuse the visa application, given that the applicant had not sought a reinstatement of their application within the prescribed 14-day period following the refusal.

The Tribunal, applying the relevant migration regulations, found that the applicant's failure to apply for reinstatement within the stipulated timeframe meant that the decision to refuse the visa application was taken to be affirmed. Consequently, the Tribunal was bound to confirm the decision to dismiss the application. The Tribunal confirmed the decision to dismiss the application.