Patel (Migration)

The applicant, Mr. Patel, sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed a decision to dismiss his application for a Subclass 186 Employer Nomination Scheme visa. The core of the dispute concerned the Tribunal's dismissal of Mr. Patel's application for failing to attend a scheduled hearing.

The primary legal issue before the court was whether the Tribunal had erred in law by affirming the dismissal of Mr. Patel's visa application, specifically in circumstances where he did not apply for reinstatement within the prescribed 14-day period following his failure to attend the hearing.

The Tribunal's decision was based on the applicant's failure to attend the hearing and his subsequent failure to apply for reinstatement of his application within the 14-day timeframe stipulated by the relevant procedural rules. As a consequence of this inaction, the Tribunal was obliged to confirm the dismissal of the application, and under the Migration Act 1958 (Cth), this confirmation meant that the original decision to refuse the visa was taken to be affirmed. The Member of the Tribunal confirmed the decision to dismiss the application.