Mohammed (Migration)

The Administrative Appeals Tribunal considered the application of Mohammed, who sought review of a decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The applicant failed to attend a hearing before the Tribunal, which led to the dismissal of his application for review.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's failure to attend the scheduled hearing and his 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 without a valid reason and does not apply for reinstatement within 14 days, the Tribunal must confirm the decision to dismiss the application. As the applicant did not meet the criteria for reinstatement, the Tribunal was bound to affirm the decision under review.

The Tribunal confirmed the decision to dismiss the application for review.