McGarrity (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by McGarrity concerning a decision to refuse a Subclass 602 (Medical Treatment) visa. McGarrity failed to attend a hearing before the Migration Review Tribunal (MRT), which led to the dismissal of their application. The MRT's decision was subsequently affirmed by the AAT.

The primary legal issue before the AAT was whether the MRT had correctly affirmed the decision to dismiss McGarrity's application for review. This turned on whether McGarrity had complied with the procedural requirements following the dismissal, specifically the timeframe for applying for reinstatement.

The AAT Member, Joseph Lindsay, reasoned that the Migration Act 1958 (Cth) and associated regulations require an applicant to apply for reinstatement of a dismissed application within a specified period, in this instance, 14 days. As McGarrity did not make such an application within this timeframe, the AAT was bound to confirm the MRT's decision to dismiss the application. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.