Ma (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a student visa applicant who had failed to lodge their application within the prescribed timeframe. The applicant sought a Student (Temporary) (Class TU) visa, subclass 500.

The primary legal issue before the Tribunal was whether the applicant had applied for reinstatement of their visa application within the mandatory 14-day period following the initial failure to meet the lodgement requirements.

The Tribunal's reasoning was based on the clear legislative requirement that an application for reinstatement must be made within 14 days. As the review applicant did not satisfy this condition, the Tribunal was compelled to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.