Ng (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Subclass 417 visa, commonly known as a Working Holiday visa. The applicant had failed to attend a hearing before the Tribunal, which led to the dismissal of their application. The core of the dispute revolved around the subsequent steps taken by the Tribunal and the applicant's ability to seek review of that dismissal.

The primary legal issue before the Tribunal was whether the dismissal of the applicant's application was valid and whether the subsequent confirmation of that dismissal was in accordance with the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the dismissal was correctly made under section 362C(5) of the Act and if the applicant had taken the necessary steps to have the application reinstated.

The Tribunal reasoned that section 362C(5) of the *Migration Act 1958* (Cth) mandates that if an applicant fails to attend a hearing, the Tribunal must dismiss the application. The Tribunal found that the dismissal decision was sent in accordance with the Act. Crucially, the Tribunal noted that the applicant did not apply for reinstatement of their application within the prescribed 14-day period following the dismissal. As a result, the Tribunal was obliged to confirm the decision to dismiss the application, which, under the Act, meant the decision under review was taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.