Ma (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The applicant, identified as Ma, had their visa application dismissed. The central issue before the Tribunal was the applicant's failure to appear for a scheduled review hearing.

The primary legal issue before the Tribunal was whether the decision to dismiss the visa application should be affirmed, given the applicant's non-attendance at the review hearing and their subsequent failure to apply for 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 fails to 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 original decision.

Consequently, the Tribunal confirmed the decision to dismiss the visa application.