Mohammad (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mohammad concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision to dismiss their application, which had been confirmed by the Tribunal due to the applicant's failure to attend a hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the applicant had not sought reinstatement within the prescribed 14-day period. The Tribunal was also required to determine if, in these circumstances, the decision under review was to be considered affirmed.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which mandate the confirmation of a dismissal decision if an applicant fails to attend a hearing and does not apply for reinstatement within the specified timeframe. The Tribunal reasoned that the applicant's failure to comply with the procedural requirements for reinstatement meant that the dismissal decision stood. Consequently, the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.