Ni (Migration)

The applicant, Ni, sought judicial review of a decision by the Migration Review Tribunal (MRT) to dismiss their application for a Subclass 602 (Medical Treatment) visa. The MRT had dismissed Ni's application due to Ni's failure to attend a scheduled hearing.

The primary legal issue before the Tribunal was whether it was required to confirm the dismissal decision, given that the applicant had not applied for reinstatement of their application 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 Ni did not make such an application, the Tribunal was bound to affirm the dismissal.

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