Naveed (Migration)

The applicant, Naveed, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm a decision to dismiss his application for a Student (Temporary) (Class TU) visa, subclass 500. The dismissal occurred because Naveed failed to attend a scheduled hearing before the Tribunal.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of Naveed's application, given his failure to attend the hearing and his subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, which stipulate that if an applicant fails to attend a hearing and does not apply for reinstatement within the specified timeframe, the Tribunal must confirm the decision to dismiss the application. As Naveed did not meet this reinstatement requirement, the Tribunal had no discretion but to affirm the dismissal.

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