Montes Perdomo (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for review by Mr Montes Perdomo concerning a decision to refuse a Student (Temporary) (Class TU) Subclass 500 visa. The applicant failed to attend a hearing before the Tribunal, which led to the dismissal of his application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that no application for reinstatement had been made within the prescribed timeframe. The Tribunal was also required to determine the consequence of such a failure to apply for reinstatement.

The Tribunal applied section 362C(5) of the *Migration Act 1958* (Cth), which mandates 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 no such application for reinstatement was made by Mr Montes Perdomo, the Tribunal was obliged to confirm the dismissal.

Consequently, the Tribunal confirmed its decision to dismiss the application.