Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by the applicants concerning a decision to dismiss their application for a Student (Temporary) (Class TU) visa, subclass 572 Vocational Education and Training Sector. The core of the dispute revolved around the applicants' failure to attend a scheduled hearing before the Tribunal.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of the application, given that the applicants had not sought reinstatement within the prescribed 14-day period following their failure to attend the hearing.

The Tribunal applied the relevant procedural rules governing applications for review. It reasoned that the legislative framework mandated the confirmation of a dismissal decision if an applicant failed to attend a hearing and did not apply for reinstatement within the specified timeframe. As no such application for reinstatement was made by the review applicants within the 14 days, the Tribunal was bound by these provisions.

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