Naiqama (Migration)

The applicant, Naiqama, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm a decision to dismiss their application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The dismissal occurred due to the applicant's failure to attend a scheduled hearing before the Tribunal.

The central legal issue before the Court was whether the Tribunal had correctly affirmed the dismissal decision, notwithstanding the applicant's subsequent failure to apply for reinstatement of their application within the prescribed 14-day period. This required the Court to consider the procedural requirements and consequences of failing to attend a hearing before the MRT.

The Tribunal's decision was based on the applicant's failure to comply with the procedural requirements following the dismissal. As the applicant did not seek reinstatement of their application within the stipulated 14 days, the Tribunal was mandated to confirm the dismissal. Consequently, the decision under review was deemed to be affirmed by operation of the relevant migration legislation. The Tribunal therefore confirmed its earlier decision to dismiss the application.