Nguyen (Migration)

The Administrative Appeals Tribunal considered an application for review by a Mr. Nguyen concerning a decision relating to a Subclass 101 (Child) visa. The applicant failed to appear at the hearing for the review of the visa decision.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application for review, given the applicant's non-appearance and subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant procedural rules which stipulate that if an applicant does not apply for reinstatement within 14 days of an application being dismissed for non-appearance, the dismissal must be confirmed. Consequently, the decision under review is deemed to be affirmed. The Tribunal confirmed its decision to dismiss the application.