NGUYEN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Nguyen concerning a Partner (Provisional) (Class UF) visa, Subclass 309. The core of the dispute revolved around Ms. Nguyen's failure to attend a hearing before the Tribunal, which led to the dismissal of her application.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal of Ms. Nguyen's visa application, given her non-attendance at the scheduled hearing and her subsequent failure to apply for reinstatement within the prescribed timeframe.

The Tribunal applied the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations. As Ms. Nguyen did not make an application for reinstatement of her application within the 14-day period following the dismissal, the Tribunal was mandated to confirm the decision to dismiss the application. Consequently, the decisions under review were taken to be affirmed.

The Tribunal confirmed the decision to dismiss the application.