Mercer (Migration)

The applicant, Mercer, sought judicial review of a decision by the Migration Review Tribunal (MRT) which had confirmed the refusal of their Subclass 155 (Five Year Resident Return) visa application. The MRT had dismissed Mercer's application for review due to their failure to appear at the scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm its earlier decision to dismiss Mercer's application for review, given that Mercer had not applied for reinstatement within the prescribed 14-day period following the dismissal.

The Tribunal reasoned that under the relevant migration regulations, a failure to apply for reinstatement within the stipulated timeframe meant that the dismissal of the application for review stood. Consequently, the Tribunal was bound to confirm its previous decision, which effectively affirmed the original refusal of the visa. The Senior Member, Kira Raif, confirmed the decision to dismiss the application.