Namprasanthai (Migration)

The applicant, Namprasanthai, sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of their Student (Temporary) (Class TU) visa, subclass 500. The MRT's decision to affirm the refusal was based on the applicant's failure to attend a scheduled hearing before the Tribunal.

The central legal issue before the court was whether the MRT had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations when it affirmed the decision to dismiss the applicant's application for review due to non-attendance at the hearing. Specifically, the court considered the consequences of the applicant failing to apply for reinstatement of their application within the prescribed timeframe.

The Tribunal Member, Lynda Young, reasoned that as the applicant had not applied for reinstatement of their application within the 14-day period stipulated by the regulations, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal therefore confirmed its earlier decision to dismiss the application.