PARSEGHIAN DIT PARSSIHYAN (Migration)

The applicant, Mr. Parseghian dit Parssihyan, sought review of a decision by the Migration Review Tribunal (MRT) to dismiss his application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The MRT had dismissed the application because the applicant failed to appear at a scheduled hearing.

The central legal issue before the Tribunal was whether it was required to confirm the dismissal of the visa application, given that the applicant had not applied for reinstatement within the prescribed 14-day period following the dismissal.

The Tribunal's reasoning was based on the clear legislative requirement that an application for reinstatement must be made within 14 days of the dismissal. As this condition was not met by the applicant, the Tribunal was bound to confirm the original decision to dismiss the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.