Mounter (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision concerning a Training (Class GF) Subclass 407 visa. The applicant failed to attend a scheduled hearing before the Tribunal. Consequently, the Tribunal made a decision to dismiss the application.

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 a reinstatement of their application within the prescribed timeframe. The Tribunal was also required to determine the consequence of such a dismissal on the original visa application.

The Tribunal's reasoning was based on the provisions of section 362C(5) of the *Migration Act 1958* (Cth) and the Tribunal's own procedural rules. The Tribunal noted that the dismissal decision had been sent to the applicant in accordance with the Act. Crucially, the Tribunal found that no application for reinstatement had been made within the 14-day period stipulated for such applications. In the absence of a reinstatement application, the Tribunal was mandated to confirm the dismissal. This confirmation meant that the original decision to dismiss the application was taken to be affirmed.

The Tribunal confirmed its decision to dismiss the application.