Mahmood (Migration)

The Administrative Appeals Tribunal considered an application by Mahmood (the review applicant) concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision made by the Department of Home Affairs. The Tribunal's decision concerned the applicant's failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the applicant's application for review, given the applicant's failure to attend the hearing and the subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), which stipulate that if an applicant fails to attend 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 within the specified period, the Tribunal was bound to confirm the dismissal. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.