Lu (Migration)

The applicant, Lu, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) to affirm the cancellation of her Working Holiday (Temporary) (Class TZ) visa, subclass 417. The cancellation had been based on Lu's failure to attend a scheduled hearing before the Tribunal.

The primary legal issue before the court was whether the Tribunal had erred in law by affirming the decision to dismiss Lu's application for review of the visa cancellation, given that she had not applied for reinstatement of her application within the prescribed 14-day period.

The Tribunal, constituted by Senior Member Louise Nicholls, reasoned that under the relevant migration legislation, if an applicant fails to apply for reinstatement of a dismissed application within 14 days, the Tribunal is mandated to confirm the decision to dismiss the application. Consequently, the decision under review is taken to be affirmed. The Tribunal applied this legislative provision to the facts before it, concluding that as Lu had not sought reinstatement within the time limit, it was obliged to confirm the dismissal.

The Tribunal confirmed its decision to dismiss the application.