Mahat (Migration)

The Administrative Appeals Tribunal considered an application concerning a Student (Temporary) (Class TU) Subclass 500 visa. The applicant failed to attend a hearing before the Tribunal, and the Tribunal had previously dismissed their application on this basis. The applicant sought a review of this dismissal.

The primary legal issue before the Tribunal was whether the applicant's failure to attend the hearing was excused, and consequently, whether the dismissal of their visa application was appropriate. The Tribunal was required to determine if the hearing invitation had been sent in accordance with the relevant provisions of the *Migration Act 1958* (Cth) and whether the circumstances warranted a reinstatement of the application.

The Tribunal found that the hearing invitation had been sent in accordance with section 379A(5) of the *Migration Act 1958* (Cth). Given this, the Tribunal concluded that a reinstatement of the application was not appropriate. Therefore, the Tribunal confirmed the earlier decision to dismiss the application. The decision under review was affirmed.